AN UNCONSTITUTIONAL WAR

AN UNCONSTITUTIONAL WAR

by

Tinsley Grey Sammons

bastiatlaw@aol.com

tgsammons.wordpress.com

Slightly Fairer Sentencing

http://www.lewrockwell.com/paul/paul686.html

Madam Speaker, I rise in reluctant support for S. 1789, the Fair Sentencing Act. My support is reluctant because S. 1789 is an uncomfortable mix of some provisions that reduce the harms of the federal war on drugs and other provisions that increase the harms of that disastrous and unconstitutional war. I am supporting this legislation because I am optimistic the legislation’s overall effect will be positive.

–Congressman Ron Paul (July 30, 2010)

Each successive ramping up of the federal war on drugs has made it more evident that this war is incompatible with constitutional government, individual liberty, and prosperity. It is time for Congress to reverse course. I am optimistic that S. 1789 – even with its faults – may signal that Congress is ready to begin reversing course. It is imperative that the House of Representatives pursue a dialogue on how we can end the federal war on drugs – a war that has increasingly become a war on the American people and our Constitution.

–Ibid.

In 1992 a careful reading of Dr. Thomas Szasz’ OUR RIGHT TO DRUGS, along with a serious study of the Unanimous Declaration, caused me to draw the following conclusion:

In the United States of America, no Power that contravenes the Principles underpinning the non-amendable July 4, 1776 Action of the Second Continental Congress has Lawful Authority.

Lawful and legal are not synonyms. There is an ethical element in lawful that is often painfully absent in legal. Sadly, it is in fact quite possible for an unlawful power to be legally enforceable. Since history is replete with atrocious legal suffering, Americans ought never to acquiesce in Conscience and Tolerance being excluded from their lawmaking. The simple and incomparably eloquent Declaration of Independence, which was surely influenced by the Virginia Declaration of Rights, is the philosophical litmus test for the lawfulness of any government power, existing or proposed.

By Their Deeds . . .

Substance abuse is surely bad but sumptuary laws have consistently proven to be much worse. The only legitimate responsibly that government has concerning drug possession and use is in proper labeling and the substance user’s personal responsibility for the, occasionally tragic consequences of his actions. Being intoxicated or stoned is not a crime per se, but admittedly recklessly endangering others by driving under the influence surely is.

Sunset Clause

Announced in 1972 by President Richard Nixon, the legal train wreck referred to as the War on Drugs has continued on for nearly forty years before a Congressman found the courage to label it for the record as, unconstitutional.

There is no more evident reason for a sunset clause, i.e., expiration date, being a part of every piece of legislation. A bad law could simply be allowed to expire without elected office holders courting disfavor in some of their supporters by initiating the repeal of certain laws.

The need for a Sunset Clause is so compelling that it cries out for an amendment to the Constitution making it a mandatory part of lawmaking.

Institutions Die Hard

The Drug War is in fact a monstrous legal racket that benefits opportunists and parasites on both sides of the law. Even after their criminal nature is revealed, financially successful institutions die hard . . . very hard. In the case of the Drug War, political reputations and profits are at risk, so, slaying the unconstitutional monster won’t be easy.

Why the Monster Must be Slain

The so-called Drug War is actually a legally sanctioned Persecution of individuals who choose self-diagnosing, self-prescribing, and self-medicating. Many also choose chemical self-pleasuring with alternatives to ethyl alcohol and there is nothing intrinsically criminal about any of it.

A Dreadful Precedent

In America today an illegitimate Constructed System of Precedents has supplanted the legitimate Law of the Land. As long as Americans acquiesce in de facto Drug Prohibition and the unconstitutional Drug War, no serious objection can be made to any laws, existing or proposed, that do not exceed the atrociousness of the existing laws supporting the  Drug War. The Sixteenth Amendment along with lawyer Harrison’s infamous Act blew the gate wide open and even paved the way for the eventual construction of a totalitarian state.

Salvaging the American Ideal

The American Ideal became a non-amendable matter of record in 1776. Since that time, elections alone have proven inadequate to enforce respect for the Ideal. So then, what can be done? I suggest that the People not favored by the regime du jour and the establishment that it serves, show solidarity by creating and supporting a Justice Fellowship in every jurisdiction. In time, with input from critical thinkers, a National Network of Justice Fellowships could wield enough lawful power to salvage the American Ideal.

end

Permission granted to reproduce and distribute provided full credit is given.

Tinsley Grey Sammons, 1936 — is a self-educated Geezer with an abiding passion for liberty and justice. He served as an enlisted man during the Cold War and retired from his automobile service and repair business in 1998. He describes himself as a very angry, blue-collar-to-the-marrow curmudgeon. He and his wife settled in Gonzales, Louisiana after their home in St. Bernard Parish was destroyed by Hurricane Katrina.

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