by Aziz Rana
Abstract
David Pozen’s The Constitution of the War on Drugs is a remarkable work of constitutional imagination and moral clarity. Virtually all discussions of the relationship between the U.S. Constitution and the use of drugs assumes that it is self-evident that the Constitution offers no rights protections for drug use and possession and that the idea that it might is near-absurd. By contrast, Pozen’s book begins by returning us to a legal and political world before the consolidation of this axiomatic feature of today’s doctrine.