The 10th Amendment states:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The 4th Amendment states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The Constitution Party will uphold the right of states and localities to restrict access to drugs and to enforce such restrictions. We support legislation to stop the flow of illegal drugs into the United States from foreign sources.
At the same time, we will take care to prevent violations of the Constitutional and civil rights of American citizens. Searches without probable cause and seizures without due process must be prohibited, and the presumption of innocence must be preserved.
Throughout recorded history most men have lived under conditions of slavery and despotism imposed by governments under Pharaohs, Kings, Czars, Führers, Commissars, Dictatorships, Democracies, etc. The greatest threat to life, liberty and pursuit of happiness is tyrannical and abusive government. The Republic, established by the written United States Constitution, was designed with checks and balances and separations of powers to protect the people against the natural tendency of all government to become abusive and tyrannical and Congress has authorized and allowed the bureaucratic Drug Enforcement Agency to manifest many abuses of power, including:
- The combination of executive, judicial, and legislative powers in the hands of arbitrary, capricious, and unelected bureaucrats.
- The arbitrary confiscation of property without due process of law.
- The violation of rights of the people enumerated in the Bill of Rights, including:
- The right to keep and bear arms;
- To be secure in their persons, houses, papers, and effects;
- The right to a speedy and public trial;
- The right to face one’s accusers;
- The protection of Common Law;
- No excessive bail or fines imposed.
- No cruel or unusual punishments inflicted;
- Federal intrusion and usurpation of law enforcement authority properly belonging to the State and Local Government
The Federal Courts of our nation are now overloaded, bogged down, and hamstrung by drug cases of which carry mandatory sentences, thus preventing the Courts from conducting their proper business to mete out justice for the people in an expeditious manner. Prisons and jails are now overloaded and overpopulated, thus increasing the tax burden on honest, law abiding citizens, and increasing criminal activities in and out of prison, including riots and disruption within prison walls.
Criminalization of drug abuse at the Federal level of government has not resolved the problems but has complicated and increased the drug problem. In particular, the unconstitutional Federal domestic “War on Drugs” is a never ending financial drain on the honest, law abiding taxpayers. The threat of tyrannical government in the name of the “DRUG WAR” is destroying the liberty of the people, and constitutes a clear and present danger.
We call upon Congress to publicly investigate the manner in which all funds and authority granted by Congress to the DEA and other agencies involved in the so-called War on Drugs are used, and to terminate authority and funding of any and all unconstitutional activities.