Biden’s Pot Pardons Are the Wrong Means to the Right End

Americans convicted of marijuana possession under federal law don’t deserve to languish in prison. But the president’s remedy is illegitimate.

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President Joe Biden speaks before signing executive orders at the White House, January 28, 2021.

Kevin Lamarque/Reuters

Yet again, President Biden has usurped powers that belong to Congress:

I am an unapologetic opponent of the federal War on Drugs, up to and including its prohibition of hard drugs such as heroin. I oppose it on the grounds of individual liberty: Governments should not tell free people what they can put into their own bodies. I oppose it on pragmatic grounds: Drugs are bad news, but our fight against them tends to yield worse outcomes than those we are attempting to prevent. And I oppose it on constitutional grounds: Under the Constitution as written, the federal government has no authority to superintend drugs beyond the regulation of imports and exports and the administration of genuinely interstate matters, and its insistence otherwise has done great damage to the integrity of the Constitution itself, and to the balance of power between Washington, D.C., and the states.

Charles C. W. Cooke

About the Author

Charles C. W. Cooke

Charles C. W. Cooke is a senior editor at National Review and the host of The Charles C. W. Cooke Podcast.

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