joefromchicago wrote:Thomas wrote:It isn't -- preserving liberty is important. And in a free society, as a general rule, all actions ought to be presumed legal until somebody demonstrates a compelling need to criminalize them.
That's a rather odd statement coming from a libertarian like you. Shouldn't you be arguing that personal liberty is the paramount value here, and that the government never has a compelling reason to limit personal liberty?
Only in strawman-versions of libertarianism like the ones that lawyers like Cass Sunstein and Robert Bork sometimes draw up. I'm unaware of any libertarian who disagrees that the government has a compelling reason to limit my liberty of killing, mugging, and defrauding people. (Anarcho-capitalist libertarians would say the same about the protection agencies in
the stateless societies they invision.) For the purpose of the discussion, you can assume I'm a moderate-enough libertarian to settle for a return to America's
Lochner era. Marijuana, as you know, was legal when the Supreme Court decided
Lochner v. New York.
Furthermore, you can assume that I like the Supreme Court's "substantive due process" jurisprudence as polical philosophy, though I don't necessarily like it as constitutional law. My only problem is that it abandoned this jurisprudence in the economic field. So, in returning to drug legislation, my standard would be strict scrutiny for any infringement of liberty, civil or economic. Convince me that "war on drugs" tools like the controlled substances act, civil forfeiture, etc, are narrowly tailored to serve a compelling government interest, and I won't bother you with my objections again.
Thomas wrote:But there's a big difference between tobacco and alcohol, on one hand, and marijuana on the other: the fact that tobacco and alcohol usage are now firmly entrenched in society whereas marijuana usage isn't.
Simply from looking around the people I know, I'd say it's about as firmly entrenched in American society as prostitution, which, like Marijuana, is illegal in the US (most of the US anyway). And just as an aside, I will note that prostitution is legal in many European countries including Germany. The sky isn't falling there either. As to the historic aspect of ""deeply entrenched"I have read peer-reviewed historical studies, admittedly non-webbed, which found that hemp used to be a widespread crop throughout Germany, and that smoking it in pipes has been common practice among German farmers for centuries. I haven't read any comparable studies about Americans yet, but I would be surprised if the pleasures of smoking hemp had escaped them.
Of course, non of this adresses my central point: America is a free country, where I don't have to justify why I want something to be illegal. You're the one who wants to criminalize, so the burden of proof is on you. Why is it a compelling government interest
joefromchicago wrote:Now, here we are, faced with roughly equivalent problems. One has become ineradicable, the other has not yet reached that point. Would it, then, be hypocritical to say that we should manage the first and eradicate the second?
No -- and you will note that I never accused you of hypocricy, and explicitly stated that consistency isn't what's important here. The important thing is that the case of alcohol shows that management works just fine, so there is no real need for eradication.
joefromchicago wrote:As I see it, we face a similar situation with alcohol/tobacco and marijuana.
I disagree, because you can eradicate a beetle without infringing on people's liberties. But you can't eradicate Marijuhana smoking without infringing on people's liberty of ingesting whatever the hell they want to. Indeed, the fact that you find the cases even comparable suggests to me that individual liberty ranks fairly low on your list of political priorities.
joefromchicago wrote:Alcohol, in sum, is a problem that can only be managed, whereas marijuana can be eradicated or suppressed.
I see no historical or sociological reason to believe this is true. But I won't dwell on it, since it's not the major prong in my disagreement with you.
joefromchicago wrote:That's not an argument that I've raised.
I didn't say you did. But I hear it fairly often from other people in this kind of discussion -- often enough to make the analogy with alcohol a useful counterargument.