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The Lawfare Podcast

Lawfare Daily: David Pozen on ‘The Constitution of the War on Drugs’

May 10, 2024
David Pozen, Columbia Law Professor, discusses the Constitution's impact on the War on Drugs. They explore historical and modern court decisions, constitutional doctrines, and the challenges of drug policy reform. Topics include privacy rights, Equal Protection Clause, and potential marijuana reclassification.
54:33

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

  • Constitutional law shaped the drug war's evolution from state to federal enforcement.
  • The punitive prohibitionist approach of the Controlled Substances Act categorized drugs strictly.

Deep dives

The Evolution of Drug Enforcement Policies through Constitutional Law

Constitutional law has played a significant role in shaping the historical evolution and sustainability of the drug war in the United States. In the late 1800s and early 1900s, constraints on Congress's authority resulted in drug enforcement falling to the states. Subsequent shifts, like the tax power, paved the way for federal involvement. The book explores how constitutional law has both legitimized and inhibited drug policies over time, shedding light on their impacts.

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