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Do Conservatives Really Believe Than Unconstitutional Law Is No Law?

Summary:
I see that all manner of conservatives are saying in response to the draconian lockdowns across the country that an unconstitutional law is no law. They are praising district attorneys, sheriffs, and local police for saying that they won’t enforce the decrees of state governors. Some conservatives are advocating rebellion and civil disobedience. Their focus, of course, is mainly on states with Democratic governors. But it is typical of conservatives not to criticize Republicans too much. But do conservatives really believe that an unconstitutional law is no law? Do they really believe that district attorneys, sheriffs, and local police should not enforce unconstitutional laws? Of course they don’t. Now, I am glad to see that

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I see that all manner of conservatives are saying in response to the draconian lockdowns across the country that an unconstitutional law is no law. They are praising district attorneys, sheriffs, and local police for saying that they won’t enforce the decrees of state governors. Some conservatives are advocating rebellion and civil disobedience. Their focus, of course, is mainly on states with Democratic governors. But it is typical of conservatives not to criticize Republicans too much.

But do conservatives really believe that an unconstitutional law is no law? Do they really believe that district attorneys, sheriffs, and local police should not enforce unconstitutional laws?

Of course they don’t.

Now, I am glad to see that conservatives are actually talking about civil liberties. But the greatest violation of civil liberties, private property, individual liberty, personal freedom, and free enterprise is the federal government’s war on drugs.

Under federal law

Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.

And that is just possession.

Manufacture or distribution carries tougher penalties. The sale of paraphernalia is punishable by up to three years in prison. And “the sentence of death can be carried out on a defendant who has been found guilty of manufacturing, importing or distributing a controlled substance if the act was committed as part of a continuing criminal enterprise.”

And that is just marijuana.

Woe unto the American who possesses, manufactures, or distributes cocaine, heroin, meth, or fentanyl.

Drug laws are certainly unconstitutional laws.

Does the Constitution authorize the national government to regulate, criminalize, or prohibit the manufacture, sale, or use of any drug?

Does the Constitution authorize the federal government to intrude itself into the personal eating, drinking, or smoking habits of Americans?

Does the Constitution authorize the federal government to restrict or monitor any harmful or mood-altering substances that any American wants to consume?

Does the Constitution authorize the federal government to have a drug war?

Does the Constitution authorize the federal government to concern itself with the nature and quantity of any substance Americans inhale or otherwise take into their body?

Does the Constitution authorize the federal government regulate, monitor, or restrict the consumption, medical, or recreational habits of Americans?

Does the Constitution authorize the federal government to have an Office of National Drug Control Policy?

Does the Constitution authorize the federal government to have a Drug Enforcement Administration?

Does the Constitution authorize the federal government to have a drug czar?

Does the Constitution authorize the federal government a Substance Abuse and Mental Health Services Administration?

Does the Constitution authorize the federal government to have a Controlled Substances Act?

Does the Constitution authorize the federal government to have a Comprehensive Drug Abuse Prevention and Control Act?

Does the Constitution authorize the federal government to have a National Survey on Drug Use and Health?

Does the Constitution authorize the federal government to have a Combat Methamphetamine Epidemic Act?

Does the Constitution authorize the federal government to have any federal crimes other than treason, piracy, and counterfeiting?

Does the Constitution authorize the federal government to have a National Drug Control Strategy?

Does the Constitution authorize the federal government to institute drug prohibition without a constitutional amendment?

Does the Constitution authorize the federal government to have a Domestic Cannabis Eradication/Suppression Program?

Does the Constitution authorize the federal government to wage war on a plant?

Does the Constitution authorize the federal government to ban anything?

Of course it doesn’t.

Since an unconstitutional law is no law, shouldn’t conservatives be opposed root and branch to the federal government’s war on drugs instead of being its biggest supporters?

Laurence M. Vance
Laurence M. Vance is an author, a publisher, a lecturer, a freelance writer, the editor of the Classic Reprints series, and the director of the Francis Wayland Institute. He holds degrees in history, theology, accounting, and economics. The author of twenty-four books, he has contributed over 700 articles and book reviews to both secular and religious periodicals.

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