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Prohibition, the Constitution, and States' Rights$
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Sean Beienburg

Print publication date: 2019

Print ISBN-13: 9780226631943

Published to Chicago Scholarship Online: January 2020

DOI: 10.7208/chicago/9780226632278.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 19 September 2021



Prohibition, Now and Then

(p.1) Chapter One Introduction
Prohibition, the Constitution, and States' Rights

Sean Beienburg

University of Chicago Press

The recent trend of state legalization of marijuana (for medical and recreational purposes) has renewed long-standing debates about federalism and prohibition. Over fierce dissents arguing federal suppression of in-state marijuana exceeded the enumerated powers of the Constitution, in 2005 the Supreme Court case of Gonzales v. Raich upheld the exercise of federal power, setting the states and Washington on a collision course. Using the marijuana case to briefly illustrate the relevant legal controversies, such as the non-commandeering doctrine, this chapter frames the subsequent chapters on prohibition. It briefly previews the book’s major arguments and shows how reconstructing these debates helps us better understand American Political Thought, American Political Development, and legal debates on extrajudicial constitutional interpretation and popular constitutionalism.

Keywords:   federalism, marijuana, prohibition, American political thought, American political development, Gonzales v Raich, enumerated powers, non commandeering doctrine, extrajudicial constitutional interpretation, popular constitutionalism

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