No

by Charles Ray

Created on: December 20, 2009   Last Updated: December 21, 2009

The U.S. Constitution was crafted to set the basic foundation of the laws underpinning the new republic. It was deliberately designed to be difficult to amend, based on the belief of the drafters that they were establishing a set of relatively universal principles by which a nation should operate. 

That they did allow for changes, with a solid majority of citizens having the chance to input, and when it was clear that there was need for change, only underscored their wisdom. 

It has, unfortunately, not always been used properly. Its initial treatment of blacks and its continued treatment of women are but two examples. The former was ultimately overturned by the 14th Amendment, and some gains have been made – women were finally given the right to vote at least. An example of totally inappropriate use of the Constitution, though, was Prohibition. 

Inspired by religious groups who had strong voting power, an attempt was made to ban consumption of alcohol through a Constitutional Amendment.  That it did not succeed is apparent to anyone who has read history.  Furthermore, many of today’s social ills can be traced to that unfortunate and misguided attempt to use laws to control moral and personal behavior. 

Crime has existed in every society in every time, and the U.S. is no exception.  Until Prohibition, however, it was localized and sporadic. Efforts, often by otherwise law-abiding citizens, to get around legal limits on alcohol helped organized crime syndicates get a foothold in this country that took decades to get a handle on. 

The immense profits to be made from ‘bathtub gin’ and other illegal liquor, tempted everyone, police included. It threatened to create a greater moral problem in this country than excessive drinking did. 

That, then, brings us to the question of whether a Constitutional Amendment should be passed to ban illicit drugs. We should have learned with booze; people who chose to put a substance into their bodies will find a way to do so, despite the law. 

Drug cartels already have a devastating impact throughout the country. Hardly an area does not have some presence of illegal drug activity. For now, only a few addicts are among the citizens who flout the law. Using the Constitution is like employing a sledge hammer to swat flies. 

Written poorly, an Amendment could affect drugs that, while technically illegal, are not harmful. An example is the ban on prescription drugs not approved by FDA, or that American pharmaceutical companies don’t provide at reasonable cost. 

Would we then have the FBI tracking down some poor schmuck who went to Mexico to get a cheap cancer medication? Prohibition built the mob; an Amendment to ban drugs would fail, and threatens to be the catalyst to create an even stronger illegal drug market. 

Let’s use the Constitution for its original purpose and leave individuals and communities the task of controlling personal behavior. 

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