As far as the question about which part of the Constitution that allows them to pass laws concerning the personal conduct of adults in their own homes - in this example drug use - its based on an interpretation of the Commerce Clause, or the "Interstate Commerce Clause".

See: http://en.wikipedia.org/wiki/Commerce_Clause
For more specifics on the issue like, "Dispute exists as to the range of powers granted to Congress by the Commerce Clause."

As far as the article - I'd like to state that, based on what I've read about it - I support the Fair Sentencing Act.
This bill would indeed, "eliminate the cocaine sentencing disparity", which has been the point behind pushing for this legislation.
I agree that "This 100:1 ratio has long been pointed to by reformers as unnecessary, unfair and racially biased."

I also read & agree with the statement from the Families Against Mandatory Minimums, and sympathize with their position on this.
I see NO need to increase the the penalty on powder cocaine to match the current penalty for crack, that would just be ludicrous. I don't believe in mandatory minimums, or for that matter - any prohibition of drugs - I don't believe that it should be a criminal or civil offense.

I disagree with the "go-to" position currently voiced by politicians of "treating drug use/possession as a health issue" (While I agree that it is a health issue/concern). But the alternative that politicians typically suggest, usually translates into either forced rehab programs, or other civil offfense sentencing options from "drug courts" that equal court-ordered treatment programs.

I believe that people have to actually WANT help and seek treatment willing & genuinely - and unfortunately the current figures spouted for the  "increasing number of people seeking treatment for drug addictions" is. all too often - artificially inflated by people that are forced to choose between either jail-time or drug rehab. (Of course the numbers of people seeking treatment will rise... that doesn't mean more people are becoming addicts - as is often suggested, by the statistics of the anti-drug crusaders.)

Example: 12 steps programs - I've seen them help a couple people I've known. I've also seen some of those programs fail horribly, OR end up replacing a "drug habit" with a "meeting habit".

I'm all for OFFERING treatment to those who want or need it, and even ENCOURAGING people to seek help if they seem/appear to need it... But, I'm against the typical "intervention" style of FORCING people into treatment - in all but the most extreme of circumstances.
And even in those cases, I'm doubtful about the over-all effectiveness of that style of "helping people", again I believe that most people (in general) have to hit rock bottom, and pursue treatment/rehab on their own in order for it to be truly effective. Sure, there are some examples where that sort of treatment works, but I think the recidivism rates show just how often that doesn't work in the real world.

you are correct, the government has wiped their collective a$$ with our constitution. we the people are largely responsible for allowing it through our ignorance. we have accepted the lie that we live in a democracy. we have embraced programs that attack our fundamental property rights such as the federal reserve, federal income tax, social security and welfare in all its forms including foreign aid. there is a difference between charity and theft, but we've come to accept theft as neccessary since none of us chattle would be smart enough to donate our money to the appropriate causes. we can sit back and accept our constitution dead, or we can demand adherence to it by our "leaders". that depends on whether or not americans are willing to take responsibility for themselves. as far as our jobs going overseas, is it any surprise this happens with our inflationary monetary policy perpetrated by the unconstitutional federal reserve? soon it will end as confidence in the dollar is quickly waning. the only question is, will we finally realize that nobody deserves the ability to create wealth out of thin air, or will we beg the masters for yet more intervention, and perhaps a global fiat currency? i am not giving up on our constitution. i hope to encourage others to embrace freedom as well.

"Are they going to incarcerate everyone?"  Looks to me like they are making a darn good run at it.  You are pretty much on the mark about the congress and the Constitution too. 

"Employment promotes self-esteem, (natural high,) and also breaks the poverty cycle; directly related to drug addiction."  Bless your heart, you are preaching my sermon.  To steal an old campaign slogan, "It's The Jobs Stupid," and until congress passes legislation like H.R. 1529 the “Second Chance for Ex-Offenders Act of 2009” allowing those who meet the requirements  a real opportunity to get their lives back, many will fail in their un-supported attempts to rejoin society and recidivism will continue to be a costly problem. Couple of post on this issue at the-slammer.org if you are interested. It’s the Jobs, Stupid! and Congress Set to Dump “Second Chance for Ex-Offenders Act”

And one more quick comment to Cherokee Fred.  I mean no offense and I don't deny nor will I argue with your comments as to why the "Drug War" was started but for god's sake, please back off blaming everything on a racist conspiracy.  Perhaps it was and there is no doubt that the odds are stacked. That there are more minorities incarcerated than others is not in dispute by anyone but the only way to facilitate change is to convince Congress that change is not an option. And who controls Congress?  Many would say a bunch of old racist and sadly a very large segment of the population probably agrees with them.  If true, why antagonize them further?  Hey, one more small step forward this week with the medical marijuana "ruling" if you can call it that.  Too bad they don't have the guts to make it a law.