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Obama, The Fourteenth Amendment, And The Drug War, Martin D. Carcieri
Obama, The Fourteenth Amendment, And The Drug War, Martin D. Carcieri
Akron Law Review
This article is written to help clarify the full range of understanding Obama would bring to a second term.
Specifically, I defend two related, contested theses. My core thesis, to which this article is primarily devoted, is a jurisprudential claim: contrary to state and lower federal court rulings, marijuana prohibition is subject to strict judicial scrutiny under leading relevant U.S. Supreme Court jurisprudence. I support this thesis primarily by showing that under the Fourteenth Amendment, bodily autonomy—i.e., the control over the borders and contents of one’s body burdened by laws like marijuana prohibition—is a fundamental right, and that the Court …