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View Diary: 19 Is The New 420 (285 comments)

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  •  A finding that prohibition is unconsitutional (1+ / 0-)
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    SmileySam

    would require a huge change in the court's understanding of the power of the state to address this sort of behavior. Its not going to happen.

    While Brandeis' dissent includes some eloquent language on personal liberty, which would later form the nucleus of the opinion in the case that overturned Olmstead (Katz v. US), the body of caselaw simply doesn't support the contention that prohibition is unconstitutional.

    Prohibition is stupid. But, nothing in the constitution prevents legislatures from being stupid.

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