TheWalrus30
Bluelighter
- Joined
- Apr 28, 2008
- Messages
- 82
I think challenging the drug law based upon a rational basis test argument is very interesting. Still not very likely to win, but it's something you don't see as often. And, at the very least, it's pretty funny to challenge the laws based not just on their inherent invalidity/immorality, but to challenge them because they don't do the job they're supposed to do (i.e. lower drug use and abuse). Then Lawrence v. Texas actually starts to help you, or it at least becomes a lot more relevant. Also look at Griswold v. Connecticut, 381 U.S. 479 (1965) (invalidating state law that outlawed contraceptives). Both of those have to do with sexual freedom, but I think you can draw an analogy because of the "what you do in your home and between two consenting adults is your business, not the government's." Sorry that I discounted the relevance of Lawrence so quickly. I wasn't thinking about it right. Again, it's still not exactly a shoe-in, but the more I think about attacking the laws this way, the more I like it. It's also interesting to note that Griswold specifically said that the government couldn't outlaw contraceptive drugs. This, of course, doesn't discuss the whole drug-war-is-unconstitutional-because-it-doesn't-do-anything-curb-drug-abuse thing, but it's something worth noting.
Ok, back to the rational basis test, here are some cases you'll want to look at to get you started:
1) Start early, McCulloch v. Maryland, 17 U.S. 316 (1819). Doesn't discuss rational basis test, but this is where the test finds it's very first root. I won't go into it too much, but it's and ends-means type discussion. And, though it's a really old case, it's also one of the most important, well-known cases in Constitutional law. So it's age won't be as much of a factor as a less well-known old case. I find this particular quote most interesting: "Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional." (Which is McCulloch, 17 US 316 on page 521).
2)Vance v. Bradley, 440 U.S. 93, 97 (U.S. 1979) states, "we will not overturn such a statute unless the varying treatment of different groups or persons is so unrelated to the achievement of any combination of legitimate purposes that we can only conclude that the legislature's actions were irrational." This doesn't look great, but it's still workable.
3) Gonzales v. Raich, 545 U.S. 1 (2005). The majority opinion isn't going to help much, but take a look at the DISSENT. Three justices dissented, including the now deceased Chief Justice Rehnquist. Thomas also dissented, and O'Connor wrote the dissent. Of course the dissent isn't precedent, but it can be persuasive, especially when it's such a contentious issue and the Chief also dissented.
I'd help out with some more cases, but unfortunately I have something I have to go do. If I get a chance later I'll add to it. But, yeah, keep with the rational basis idea. Could be interesting, and I'm betting not one the judge or prosecutor have heard quite as much about.
Ok, back to the rational basis test, here are some cases you'll want to look at to get you started:
1) Start early, McCulloch v. Maryland, 17 U.S. 316 (1819). Doesn't discuss rational basis test, but this is where the test finds it's very first root. I won't go into it too much, but it's and ends-means type discussion. And, though it's a really old case, it's also one of the most important, well-known cases in Constitutional law. So it's age won't be as much of a factor as a less well-known old case. I find this particular quote most interesting: "Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional." (Which is McCulloch, 17 US 316 on page 521).
2)Vance v. Bradley, 440 U.S. 93, 97 (U.S. 1979) states, "we will not overturn such a statute unless the varying treatment of different groups or persons is so unrelated to the achievement of any combination of legitimate purposes that we can only conclude that the legislature's actions were irrational." This doesn't look great, but it's still workable.
3) Gonzales v. Raich, 545 U.S. 1 (2005). The majority opinion isn't going to help much, but take a look at the DISSENT. Three justices dissented, including the now deceased Chief Justice Rehnquist. Thomas also dissented, and O'Connor wrote the dissent. Of course the dissent isn't precedent, but it can be persuasive, especially when it's such a contentious issue and the Chief also dissented.
I'd help out with some more cases, but unfortunately I have something I have to go do. If I get a chance later I'll add to it. But, yeah, keep with the rational basis idea. Could be interesting, and I'm betting not one the judge or prosecutor have heard quite as much about.