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The Root of Support for the Drug War

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Although many states have legalized the use of marijuana for medical purposes, some states have decriminalized the possession of certain amounts of marijuana, and four states (Alaska, Colorado, Oregon, and Washington) have legalized the recreational use of marijuana, bipartisan support for the drug war throughout the United States continues unabated and unquestioned. Why? Why do so many Americans think that the ...

Uniting Constitutional Protection for Economic and Social Liberties, Part 3: Can the Ninth Amendment Save Us?

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In part 2 of this series (December), I argued that unenumerated noneconomic rights such as those of parents or the right to marry are generally considered “fundamental rights” under the approach libertarian legal scholar Randy Barnett labels “Footnote Four-Plus.” That is, the rights of parents are nowhere enumerated in the Constitution including the Bill of Rights, but are nonetheless ...