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  A Substantive Due Process Challenge to the War on Drugs by Warren Redlich  http://www.redlichlaw.com/crim/substantive-due-process-drug-war.pdf We cannot go into tomorrow with the same formulas that are failing today. We must not blindly add to the body count and the terrible cost of the War on Drugs, only to learn from an other Robert McNamara 30 years from now that what we've been doing is, "wrong, terribly wrong." - Walter Cronkite, 1995 ABSTRACT Since the early 1970s, the United States has experienced a massive increase in the incarceration of drug offenders. This so - called War on Drugs is widely considered a failure by critics from a variety of ideologies and backgrounds. Litigants have challenged drug war policies from many different angles. Their efforts have been largely unsuccessful and the drug war conti nues unabated. Law review articles have been home to a decades - long discussion regarding whether substantive due process can limit the legislative power to...

what the Covington & Burling pro bono program ought to do from wikipedia http://en.wikipedia.org/wiki/Legality_of_the_War_on_Drugs Several authors have put forth arguments concerning the legality of the War on Drugs . In his essay The Drug War and the Constitution , [1] Libertarian philosopher Paul Hager makes the case that the War on Drugs in the United States is an illegal form of prohibition, which violates the principles of a limited government embodied in the Constitution . Alcohol prohibition required amending the Constitution , because this was not a power granted to the federal government. Hager asserts if this is true, then marijuana prohibition should likewise require a Constitutional amendment. Federalism argument In her dissent in Gonzales v. Raich (a case argued by Randy Barnett ), Justice Sandra Day O'Connor argued that drug prohibition is an improper usurpation of the power to regulate interstate commerce , and the power to prohibit should be reserved ...