The drug schedule is an act of executive fiat. But there are various legislative supports for it. Not all law has to take root in the Constitution, it merely ha

The drug schedule is an act of executive fiat. But there are various legislative supports for it. Not all law has to take root in the Constitution, it merely has to have never been challenged or, having been challenged, stood the test. The 18th was a different sort of action. If I recall correctly, it was reasonably well known that nothing short of an Amendment would suffice. Either that or Wayne Wheeler just wanted to see if it could be done.