-Caveat Lector-

http://www.nationalreview.com/kopel/kopel010401.shtml

Prohibition Fever
  A legacy project for the W. era.

  By Dave Kopel, Independence Institute, and Dr. Michael S. Brown

     What do guns, drugs, and alcohol have in common? They are all highly portable, 
highly prized by many people, despised
  by others, and can be abused. Each has been the object of societal sanctions. As we 
head into the new millennium, with a
  new president who promises to reduce the unintended harms caused by government, it 
is time for America to recognize
  some lessons about prohibition.

  A grand, but foolish experiment with alcohol prohibition was tried from 1920 to 
1933. The dreadful results are well
  documented. Organized crime in its modern form was created. A drinking culture based 
on beer and wine was replaced by
  one based on gin and other hard liquor. Homicide soared and so did police 
corruption. Wiretapping became a new
  law-enforcement technique, and courts invented ways for the police to evade the 
Fourth Amendment.

  The gang warfare spawned by alcohol prohibition spurred calls for restrictions on 
Second Amendment rights. Efforts to ban
  handguns failed, but machine guns were restricted by the National Firearms Act. 
Until then, Americans had been able to
  freely buy, sell, and own machine guns for the previous seven decades, with little 
apparent problem until alcohol was
  prohibited.

  Drug prohibition started with the Harrison Narcotics Act in 1911, continues today, 
and provides an excellent example of
  how prohibition works in modern times.

  In the name of protecting the public, the war on drugs has led to greater government 
power in many areas. The once
  unbreakable line between the police and military has crumbled. Our prisons overflow 
with people convicted of drug-related
  crimes, but drugs are more available than ever. New terms like "body cavity search," 
"no-knock entry," "racial profiling,"
  and "stop and frisk" have entered our vocabulary.

  The "drug war" is no mere metaphor, now that SWAT teams that were originally formed 
to rescue hostages execute deadly
  nocturnal raids on the homes of innocents. From the eleven-year-old boy killed in 
Compton, Calif., to the 45-year-old
  father of nine killed in Denver, to the 70-year-old minister killed in Boston, the 
number of people gunned down in the name
  of the "drug war" continues to mount. Of course none of the government employees 
responsible for the killing receive more
  than a slap on the wrist. And raids continue day after day, based on the mendacities 
and addled memories of drug addicts,
  violent criminals, and other "confidential informants" who get paid for making 
accusations which are rarely investigated
  before the SWAT team breaks though the window.

  Forfeiture laws, meanwhile, have turned police work into a form of legalized piracy. 
Laws allowing enforcement agencies to
  keep confiscated wealth often determine the targets of anti-drug raids. Hardly any 
jurisdictions require that a person be
  proven guilty in order for the government to confiscate his wealth. Police 
corruption is a constant problem.

  Criminal gangs have flourished under drug prohibition, much as they did in the 
1920s. Smugglers and gangsters literally owe
  their livelihood to the war on drugs.

  It is becoming painfully obvious that the cure is worse than the disease. Yet some 
people appear to have learned nothing
  from alcohol prohibition or drug prohibition and insist that we experience the joys 
of gun prohibition. There are indications
  that the same counterproductive tactics will be used — starting with forfeitures of 
automobiles because the driver had a
  firearm in the car.

  Some of the worst abuses of government force in recent years were precipitated by 
technical and victimless gun-law
  violations. For example, the BATF claimed that the Branch Davidians possessed 
machine guns without paying the required
  federal tax and filling in the proper registration forms. So a tax case worth less 
than $10,000 led to a 76-man helicopter,
  machine gun, and grenade assault on a home in which 2/3 of the occupants were women 
and children.

  The media has played an important role by dramatizing the ill effects of drug abuse, 
while almost completely ignoring the
  way that crime and violence are worsened by drug prohibition. Media treatment of the 
gun issue is very much the same.
  Stories involving misuse of firearms are front-page news, but there is a virtual 
blackout on positive stories about armed
  self-defense or the way that repressive gun laws lead to higher levels of crime and 
violence. Likewise, sporting use of guns
  — even in the Olympics — is almost completely ignored.

  Opponents of both the war on drugs and the war on guns have adopted the same term — 
unintended consequences — to
  describe the way in which stronger laws paradoxically cause more crime and violence. 
These anti-prohibition websites are
  almost mirror images of each other, except that they complain about the corruption, 
lack of accountability and violent
  depredations of different government agencies. These groups are isolated at either 
end of the political spectrum, but their
  common interest is obvious.

  Those who oppose the disastrous war on drugs and those who oppose the growing war on 
guns are starting to reach out to
  each other. Activists are setting aside ideological differences and exploring their 
common interest, becoming part of what
  Grover Norquist calls "The Leave Us Alone Coalition." The two largest sources of 
Libertarian party growth these days are
  ex-Republicans opposed to the war on guns, and ex-Democrats opposed to the war on 
drugs. Within the Republican and
  Democratic parties, more and more voices are speaking out against the terrible harms 
inflicted by prohibition.

  In order to recognize that prohibition doesn't work, a person doesn't have to like 
the prohibited object. A liberal can wish
  that guns were never invented, but still realize that gun prohibition will increase 
gun violence (since only criminals will have
  guns) and will lead to a huge loss of Fourth Amendment rights and other civil 
liberties for everyone — not just for gun
  owners.

  Conversely, a conservative can wish that people had never figured out that the 
cannabis plant can be smoked, and he can
  wish that the coca plant were extinct. But he can still recognize that drug 
prohibition can't stop drug abuse, but it can harm
  everyone's rights-destroying the lives and liberties of people who hate drugs.

  Perhaps some enterprising politician will sense this natural alliance and use it to 
further his or her career — as Minnesota
  governor Jesse Ventura already has. Republican politicians have paid lip service to 
the concept of a smaller, less intrusive
  government, but are unwilling to take on the powerful government employee lobbies 
whose jobs depend on the drug war.

  There is no way to predict how much success a pro-freedom, anti-prohibition 
political alliance could have, since it will be
  opposed by many politicians who jealously protect government power. Yet much more so 
than ten years ago, Americans
  increasingly recognize that the imperial government has no clothes: That's why 
George Bush could win an election while
  calling for Social Security reform, and why people are beginning to question the 
premises of the government-controlled
  education monopoly. Perhaps some of the best-known elected officials a few years 
from now will be those who rise rapidly
  in the next several years — by having the courage to say in public what many other 
politicians now admit only in private:
  Prohibition is a failure.

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