Is there a way to experiment and learn whether some of these laws and penaltys might could be done away with without causeing too much harm?
Sure. Let the states do it.
To be specific , I would like to repeal the laws that restrict Marijuanna use and replace them with more reasonable regulation that is designed to make the stuff safe to use responsibly rather than the law as it is which seems to be designed to punish a user or provider without reguard to the safety and responsibility of the use.
A few states are progressing toward that. I think Colorado is the state closest to legalizing casual (as opposed to medical) possession of marijuana, but that is a huge controversy there. And who knows if the U.S.D.O.J. would even allow it.
The rights that belong to a Human Being by natural right should always be a matter of discusson between citizens.
"Why?"
Because we are not born agreeing on what is good and needful, nor do we die at great age haveing learned all.
Why do we have to agree on that? Are we so afraid of everyone becoming murderers and rapists and pedophiles that we cannot allow people to decide for themselves what is good and needful? If we are, that seems like a severe lack of faith in one's fellow humans.
So this becomes a states rights issue?
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We cannot agree, but we must have a policy , this is what the discussion does, a consensus is formed that displeases the greater number the least .