By Bob Mason
Do you believe legal sale of recreational marijuana is a progressive versus conservative issue? For a moment, say to yourself, “It doesn’t matter.”
What matters is that this issue illustrates substance versus procedure. The ability to use marijuana free from the fear of prosecution is substance. The manner in which that freedom is gained is procedure.
Procedure is (or should be) free from ideology. Whether marijuana should be legal is a substantive question. Substance is usually ideological.
Procedurally, I am a raving conservative. Law school baked i”to me the idea that the rules regarding how we make our rules are what keep us from anarchy. Without respecting the ‘rules-regarding-how-we-make-rules,” we each are left to doing our own thing.
I can’t count the times someone has mirthfully quoted Shakespeare to me: “The first thing we do is kill all the lawyers.” Oh. Ha, ha. Time for Bob to explain. It’s a compliment.
In Henry VI, Dick the Butcher suggests that eliminating the lawyers would be the quickest way for him to be king. Without the lawyers, he reasoned,