Lawfare Daily: David Pozen on ‘The Constitution of the War on Drugs’

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4.7 • 6.4K Ratings

🗓️ 10 May 2024

⏱️ 57 minutes

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Summary

David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, “The Constitution of the War on Drugs,” which examines the relationship between the Constitution and drug prohibitions. He joined Jack Goldsmith to talk about the constitutional history of the war on drugs and why the drug war was not curbed by constitutional doctrines about personal autonomy, limits on the federal government’s power, the Equal Protection Clause, or the prohibition on cruel and unusual punishment. They also talked about whether the political process is working with advancing decriminalization and how this impacts the constitutional dimension of the drug war.

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0:00.0	The following podcast contains advertising.
0:04.0	To access an ad-free version of the Lawfair Podcast,
0:08.0	become a material supporter of Lawfair at Patreon.com slash Lawfair. That's Patreon.com
0:16.4	slash Lawfair. Also check out Lawfair's other podcast offerings, rational security, chatter, lawfare no bull, and the aftermath. Hi everyone Jordan Marrkai here my brand new album the Loop Loop, is out now.
0:42.8	This album is about parenthood.
0:44.4	It sort of made me reflect on the way I was parented
0:47.1	and it's made me reflect a lot on my parenting style
0:49.9	and all the issues I face internally as well
0:51.9	on how that may come across and project
0:54.3	onto my child so it's a story of parenthood and I can't wait for you to hear it and I
0:59.0	really hope you enjoy it. The courts said, we don't want to get in the business of constitutionalizing these hard calls
1:15.2	about the relative dangerousness of different substances and even the existence of
1:20.8	uncertainty or debate about just how dangerous a drug is is enough to
1:26.4	satisfy rational basis review. It's the Law Fair Podcast. I'm Jack Goldsmith of
1:31.7	Harvard Law School with David Pozen of Columbia Law School.
1:35.0	I try to tell a story about how the kind of constitutional culture as well as the
1:40.3	institutional structure of how we resolve constitutional claims all lines up
1:45.0	against drug challenges in a way that really reveals something about the limits of
1:50.6	common law as a tool for social reporting.
1:52.4	Today we're talking about David's new... the limits of Conlaw as a tool for social requirement.
1:53.0	Today we're talking about David's new book, The Constitution of the War on Drugs.
1:59.0	David, your book examines several elements of the relationship between the Constitution and
	...

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