Government Constitutional Amendments: The Case Term Paper

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The only way, it would seem, to affect the kind of change that supporters of the initiative want is to amend the state constitution, effectively changing the law of the land. Supporters argue that this is the only viable option left, especially in light of the fact that marijuana is less dangerous the alcohol -- a legal drug -- and that the war on drugs has netted no significant results save $1 trillion spent since 1970 and 1.6 million people arrested yearly, half for marijuana possession (Gathright). Thus, in the case of marijuana we are faced with public policy that aggressively prosecutes anyone who uses the drug, at great cost to the state, without any discernible impact on usage, and when other more dangerous drugs are marketed freely.

Under these conditions, it seems wholly appropriate to attempt to amend the state constitution to reflect the people's acceptance of marijuana as a legitimate recreational drug, akin to tobacco or alcohol.

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Any attempt to modify the constitution in an ostensibly democratic society must be based on wide support from the voters of the state in order to warrant modifications to the constitution. The interests of a few, such as a minority that might benefit from an amendment, are not sufficient to allow the constitution to be amended. Any amendment that is made to the state constitution -- no matter the issue -- must be accomplished after wide public support is built and under the conditions that the amendment will not violate other aspects of the constitution or cause harm to third parties. Though difficult to accomplish, there is no reason to believe that these conditions cannot be met and that amendments to the constitution, in the interest of political maturation, cannot be achieved.

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