37 Colum. J.L. & Soc. Probs. 585 (2003-2004)
The Party's Over: Why the Illicit Drug Anti-Proliferation Act Abridges Economic Liberties

handle is hein.journals/collsp37 and id is 595 raw text is: The Party's Over: Why the Illicit
Drug Anti-Proliferation Act
Abridges Economic Liberties
Ecstasy has spread more rapidly than any other drug in history, especially
within rave and nightclub culture, a culture of flashing lights and loud
dance music. To curb the use of the drug, Congress passed the Illicit Drug
Anti Proliferation Act (2003), an amendment to the federal Crack House
Statute. Armed with this amended statute, federal prosecutors have begun
to target rave and nightclub owners. The hope is that as these music pro-
moters fear prosecution, they will cease to hold rave events, limiting the
availability of venues for ecstasy use. The problem with this approach is
that it violates the economic liberties of legitimate rave and concert pro-
moters. This argument is two-fold. First, the amendment does not cir-
cumvent prior case law limiting the statute's application to actual crack
houses, and not legitimate businesses. Second, insofar as Congress in-
tended the amendment to supplant all of the limiting constructions, the
amendment oversteps the Lopez formulation of Congress' Commerce
Clause power because it lacks formal congressional findings linking rave
promotion to economic drug activities, such as interstate drug trafficking.
Against this backdrop, this Note also illustrates the courts' willingness to
uphold questionable drug statutes, betraying an obvious policy force in
government. Finally, this Note suggests that drug-related youth subcul-
tures will always receive less constitutional protection than mainstream
art and music movements.

* Managing Editor, COLUM. J. L. & SOC. PROBS., 2003-2004. The author would like
to thank Columbia Law School Professors James Liebman and H. Richard Uviller for their
invaluable guidance, the Journal staff for all their hard work, and Anela Kellogg for her

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