Part II
As I write this, I would like you to keep two words in the back of your mind:
Fear and
Irresponsibility.
Consider the following 3 sets:
1a. There is no fundamental right to own firearms.
1b. There is no fundamental right to use recreational drugs.
2a. Gun control legislation reduces violent crime.
2b. Drug control legislation reduces violent crime.
3a. Gun control is racist by design.
3b. Drug control is racist by design.
Before I take to arguing these sets, let's look at what criminal offenses are actually about.
In
Washington v. Anderson the Court said: "Criminal offenses can be broken down into two general categories --
malum in se and
malum prohibitum. The distinction between
malum in se and
malum prohibitum. offenses is best characterized as follows: a
malum in se offense is "naturally evil as adjudged by the sense of a civilized community..." In contrast,
malum prohibitum. is an offense that is an offense only by virtue of a statute or regulatory act and often
"result in no direct or immediate injury to person or property but merely create the danger or probability of it which the law seeks to minimize." (State v. Horton, 139 N.C. 588, 51 S.E. 945, 946 (1905))... The so-called
victimless crime.
With that in mind, let's proceed...
Set 1: Most of us here would agree that there is in fact a fundamental right to own firearms. It follows from self defense, to defense of community and defense of nation. It also follows from self defense to defense against tyranny. It is distilled down to the right to own property. In this case, the fundamental right to own oneself. This is in perfect harmony with the Lockean beliefs of the Founders, that all the natural rights of man stem from
property ownership.
Whether or not you agree with this Natural Rights Theory of John Locke, you can not argue that the Founders did not believe it. They did. To the point of setting up a Federal Republic modeled after these Lockean beliefs.
Now one may argue that as a society, even Locke acknowledges that the society may impose restrictions upon RIGHTS for the sake of the society as a whole. But when one makes that argument, then one cannot escape the same as applied to firearms.
Therefore, recreational drug use is as much a natural right as that of firearms ownership, based upon the founding principles of ownership of self. The only restrictions that society may impose are restrictions that such use (firearms or drugs) does not directly interfere with or directly harm others.
Malum in se.
Legislation that portends to protect the health of society, may be applied to not only drugs in general but also firearms. Restrictions or regulation of my property rights for the sole sake of some indirect health or safety of others is nothing more than a red herring for absolute control of my person.
Malum prohibitum.
Set 2: There is no question here, that any gun control measures have ever reduced violent crime. It is a non-starter. In every instance of such control, crime has continued as before or even increased in violence. Taking firearms from citizens has done nothing more than to place citizens at the mercy of violent criminals or violent governments. Those areas that have the most restrictive gun laws also have the dubious honor of having the most violent crime.
As for drugs, the exact same argument may be made. Witness the 18th amendment and the advance of crime in alcohol traffic. No amount of regulation, prohibition or restriction has lowered the incidence of crime in this country. If anything, it has increased the amount of crime due to the fact that it has made criminals out of entire classes of people at the stroke of a pen. This was finally driven home by the 21st amendment and the repeal of prohibition.
This does not argue that a drug being manufactured may not be regulated in and of itself. A company may not produce a drug that is harmful by nature of being impure or another defect. Just as a firearms manufacturer may not produce a firearm that is defective in and of itself. While these are generally held to be actionable causes in civil court, they are also exact in the definition of
malum in se: Wrong in itself.
Set 3: In 1993, Clayton Cramer published a paper on
The Racist Roots of Gun Control. It has become pretty much the definitive work on this subject. This is another non-starter for those of us in the gun culture.
But what about racism as it is applied to Drugs? It is less easy to find the roots here than with guns. With guns, we have a plethera of court cases that either espoused racist ideals or tore them down. Then there is the entire 14th amendment and the congressional debates on what it was supposed to mean and do (despite how the Court has handled the 14th).
So where to find the roots of drug prohibition in America today?
1898: The Spanish American War erupts. During the war, the marijuana-smoking army of Panco Villa seizes 800,000 acres of prime Mexican timberland belonging to newspaper magnate William Randolph Hearst.
The timber from this land was used to manufacture newsprint for Hearst's publishing empire. Hearst begins a 30-year propaganda campaign denouncing Spaniards, Mexican-Americans and Latinos, portraying Mexicans as lazy pot-smoking layabouts.
"REEFER makes DARKIES think they’re as good as white men." - Harry J. Anslinger, 1929
“There are 100,000 marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes, entertainers and any others.” – Harry Anslinger, 1937
The Harrison Narcotic Act of 1914 was the beginning of prohibition for Opium, its derivatives and cocaine. This arose partly out of the Spanish-American war and the governing of the Phillipines afterword. There was also quite a vocal approval from California, which viewed the climbing Chinese population with increasing alarm. In fact, some of the first laws against opium were enacted in California ion the late 19th century. For a fairly complete and non-biased history, see this link from the
Schaffer Library of Drug Policy.
From the above, we can establish that Opiates, Cocaine and Marijuana prohibitions targeted the Chinese, Mexicans and Blacks. Clearly racist in origin.
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Throughout all of my reading, two things come across. 1) Fear has been used and is still used to exert control by the government over the populace and 2)irresponsibility of the few has been used to curtail freedoms of the many.
Whether we are talking gun control or drug control, the methods used for this control, are one and the same.
This has been but a brief perusal of some of the similarities between the two forms of prohibition and is not in any way all-encompassing. To date, I have not found a major work that details both forms of prohibition, nor am I set up to produce such. Perhaps there is such a work out there, I have just not found it.