President Obama: Declare Drug Prohibition Theocratic, Racist, Un-American, Part of Sharia
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Drug prohibition is "mala prohibita," and as such, is an illegitimate category of law. By enfocing "mala prohibita," which has its roots in the theocratic "Divine Right of Kings," the U.S. legal system has adopted an anti-American practice. "Mala prohibita," unlike the common law designation "mala in se" lacks a valid, 2-part "corpus delicti" or "body of the crime." In order for an action to be considered criminal under the common law (the law referred to by the Bill of Rights), two elements ("injury" and "intent to injure" a specific individual or set of individuals) must comprise a valid "body of the crime." Without this valid "body of the crime," being found by a jury, there is no criminal guilt, and a defendant has technically committed no punishable wrong.
The simple act of making something illegal is enough to create law in a theocracy, but not in a constitutional republic. Laws in a constitutional republic must not violate individual property rights, or they are considered illegitimate, because they lack a valid corpus. For example: Even if 51% of the electorate votes to outlaw the Jewish religion, and build concentration camps, the Bill of Rights doesn't allow this law to come into existence. In "common law" societies, the legal legitimacy is derived from "natural law" which, as defined by Thomas Paine and John Locke, protects individual property rights from government over-reach. The alternative is totalitarianism, which believes that "those with power have no limit on that power" or "all power is legitimate" or "might makes right." The form of totalitarianism that has historically prohibited drugs is known as theocracy, as the first drug prohibition laws argued that Christianity didn't allow any other "sacraments," and that the use of drugs other than wine was therefore sacrilegious. Morning glory seeds were outlawed in the American British colonies prior to the 1776 rebellion, for this reason.
Drugs were initially made illegal in the 1900s due to racist testimony of Harry Anslinger, this racist origin of the drug war is well-documented. It's part of the congressional record. Here are some of his remarks, which resulted in the outlaw of marijuana:
“There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos, and entertainers. Their Satanic music, jazz, and swing, result from marijuana use. This marijuana causes white women to seek sexual relations with Negroes, entertainers, and any others.”
“…the primary reason to outlaw marijuana is its effect on the degenerate races.”
“Marijuana is an addictive drug which produces in its users insanity, criminality, and death.”
“Reefer makes darkies think they’re as good as white men.”
“Marihuana leads to pacifism and communist brainwashing”
“You smoke a joint and you’re likely to kill your brother.”
“Marijuana is the most violence-causing drug in the history of mankind.”
The above comments indicate the unscientific, racist, socially intolerant, stupid nature of drug prohibition. Because "protecting the superior status of white men" is not a valid function of the law, simply calling attention to the origins of drug prohibition would likely be enough to end it, as well as rekindle the scientific debate over its merits. As a matter of historical record, a black president could not be faulted for rekindling this debate: Must the highest elected office-holder in the USA support arguments for his own racial inferiority? Even the DEA and ONDCP cannot demand that, nor would such demands, if attempted, be considered legitimate.
Because the reasons for outlawing drugs are all illegitimate, and the reasons for maintaining their outlaw are also illegitimate, unscientific, and opposed to the basic principles of western law, drug prohibition should be repealed. Because drug prohibition has become a self-defending cybernetic system, its full repeal may not be immediately possible (although it would be, if given sufficient effort from the President).
If full repeal is not possible, intermediary efforts should be undertaken to weaken drug prohibition. Simply telling the truth about the origins of drug prohibition will dramatically weaken it. Drug prohibition cannot withstand "sunlight" or "public scrutiny of its intrinsic nature and History." Additionally, it cannot withstand the proper operation of the constitutional common law.
The more people are informed about the requirements of the common law for a valid "corpus delicti" (referred to in the 4th Amendment's requirement of "habeas corpus"), the less tenable drug prohibition is.
A full and detailed examination of the ways in which drug prohibition is unlawful is beyond the size limitations of this venue. Suffice to say, drug prohibitions lack the basic requirements that could categorize them as "mala in se," pushing them into the category of "mala prohibita."
As a president, this subject requires your leadership more than any other subject.
You should not believe that the racist prison industrial complex will automatically prevail on this subject simply because it has in the past.
There is no productive future for humanity that includes drug prohibition.
Drug prohibition (along with other violations of individual property rights necessary for material prosperity) is illegitimate.
If you understand this, the onus on you is to expose it.
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