Support H-Net | Buy Books Here | Help Support the NBN and NBN en Español on Patreon | Visit New Books Network en Español!
- African Studies
- African American Studies
- American Politics
- American Studies
- American South
- American West
- Asian American Studies
- Australian and New Zealand Studies
- British Studies
- Canadian Studies
- Caribbean Studies
- Central Asian Studies
- Chinese Studies
- East Asian Studies
- Eastern European Studies
- European Politics
- French Studies
- German Studies
- Iberian Studies
- India Studies
- Indian Ocean World
- Iranian Studies
- Irish Studies
- Israel Studies
- Italian Studies
- Japanese Studies
- Korean Studies
- Latino Studies
- Latin American Studies
- Mexican Studies
- Middle Eastern Studies
- Native American Studies
- Pacific Studies
- Polish Studies
- Russian and Eurasian Studies
- Southeast Asian Studies
- South Asian Studies
- Turkish Studies
- Ukrainian Studies
- Western European Studies
- World Affairs
- Animal Studies
- Anthropology
- Archaeology
- Business, Management, and Marketing
- Media
- Critical Theory
- Disability Studies
- Drugs, Addiction and Recovery
- Education
- Economics
- Finance
- Geography
- Gender Studies
- Genocide Studies
- Higher Education
- Human Rights
- Journalism
- Language
- Law
- LGBTQ+ Studies
- National Security
- Philanthropy
- Philosophy
- Policing, Incarceration, and Reform
- Political Science
- Politics & Polemics
- Public Policy
- Sex, Sexuality, and Sex Work
- Sociology
- Sound Studies
- Sports
- Urban Studies
- Big Ideas
- Celebration Studies
- Co-Authored
- Cover Story
- Historical Materialism
- History Ex Silo
- Interpretive Political and Social Science
- Invested Investor
- Landscape Architecture
- Late Antiquity
- Mormonism
- NBN Book of the Day
- NBN Seminar
- Postscript: Conversations on Politics and Political Science
- Practical History
- Preparing for Life After Grad School
- Psychology and Climate Change
- Syriac Studies
- The Chair: In The Room at the Fed
- New Books with Miranda Melcher
Jul 29, 2024
The Constitution of the War on Drugs
Summary
The U.S. government's decades-long "war on drugs" is increasingly recognized as a moral travesty as well as a policy failure. The criminalization of substances such as marijuana and magic mushrooms offends core tenets of liberalism, from the right to self-rule to protection of privacy to freedom of religion. It contributes to mass incarceration and racial subordination. And it costs billions of dollars per year—all without advancing public health. Yet, in hundreds upon hundreds of cases, courts have allowed the war to proceed virtually unchecked. How could a set of policies so draconian, destructive, and discriminatory escape constitutional curtailment?
In The Constitution of the War on Drugs (Oxford UP, 2024), David Pozen provides an authoritative, critical constitutional history of the drug war, casting new light on both drug prohibition and U.S. constitutional development. Throughout the 1960s and 1970s, advocates argued that criminal drug bans violate the Constitution's guarantees of due process, equal protection, federalism, free speech, free exercise of religion, and humane punishment. Many scholars and jurists agreed. Pozen demonstrates the plausibility of a constitutional path not taken, one that would have led to a more compassionate approach to drug control.
Rather than restrain the drug war, the Constitution helped to legitimate and entrench it. Pozen shows how a profoundly illiberal and paternalistic policy regime was assimilated into, and came to shape, an ostensibly liberal and pluralistic constitutional order. Placing the U.S. jurisprudence in comparative context, The Constitution of the War on Drugs offers a comprehensive review of drug-rights decisions along with a roadmap to constitutional reform options available today.
This book is available open access here.
Your Host
Rameen Mohammed
Rameen Mohammed is a South Asian Muslim community organizer and soon-to-be law student. She got her bachelor's degree in American Studies at the University of Texas in Dallas.