Throughout Reagan’s first two years in office, Biden frequently criticized him for shortchanging the war on crime and drugs. In June 1981, Biden spoke before a House committee hearing
on budget cuts to drug enforcement. “I, personally, am getting tired of rhetoric about the war on violent crime and the war on drugs. … These types of budget cuts certainly would seem to contradict a serious effort to develop a federal drug strategy,” he said. “My patience for action in the drug arena by this administration is beginning to waiver. Just as I criticized the Carter administration for a lack of innovative ideas in this area I will criticize this administration if promises and rhetoric are not soon replaced by results,” he continued.
Then Sen. Joseph Biden, right, and Sen. Strom Thurmond, left, in 1987.
In September 1982, Biden gave a nationally broadcast Democratic response to the president’s weekly radio address. He accused Reagan of “unnecessary budget cuts” to crime funding. “Violent crime is as real a threat to our national security as any foreign threat,” he said. “We have a military budget of $253 billion in 1983, and yet in 1983, we’ll spend less than $3 billion a year to fight crime.” He then called on the federal government to support “state and local police agencies by training their people and giving them more money.”
The Biden-Thurmond bill increased penalties for drugs, including expanding civil asset forfeiture; created a sentencing commission; and eradicated parole at the federal level. It sought to limit access to bail — a provision denounced by the ACLU for “revers[ing] the presumption of innocence.” After the bill passed by huge majorities in the Senate and House (with the parole and bail provisions removed by the House), a question lingered: Would the president, who had in recent months agreed to pursue crime legislation largely in line with the Biden-Thurmond bill, sign it? Reagan had a major sticking point: He opposed Biden’s desired “drug czar” position. Despite a lobbying blitz from Biden and Thurmond, which Biden
memorialized in his eulogy for the South Carolina senator, and despite Biden’s support of Reagan’s tax cuts and slashing of social welfare spending, Reagan vetoed the Biden-Thurmond bill, even while advisers fretted about undermining the president’s tough on crime credentials.
Biden, who was the ranking Democrat on the committee from 1981 to 1987, and then chaired it until 1995, continued on this trajectory: shaping many of the laws that would in a sense recreate LEAA and institutionalize a federal drug war. A number of the priorities from the 1982 Biden-Thurmond bill would eventually become law. Biden shaped the Comprehensive Crime Control Act of 1984, which curtailed access to bail; eliminated parole; created a sentencing commission; expanded civil asset forfeiture; and increased funding for states. Biden helped lead the push for the Anti-Drug Abuse Act of 1986, which lengthened sentences for many offenses, created the infamous 100:1 crack versus cocaine sentencing disparity, and provided new funds for the escalating drug war. Eventually, with his co-sponsorship of the Anti-Drug Abuse Act of 1988, his long-sought-after drug czar position was created. These and other laws lengthened sentences at the federal level and contributed to an
explosion of federal imprisonment — from 24,000 people locked up in 1980 to almost 216,000 in 2013. In short, these laws increased the likelihood that more people would end up in cages and for longer.
In 1989, Biden criticized President George Bush’s anti-drug efforts as “not tough enough, bold enough or imaginative enough. The president says he wants to wage a war on drugs, but if that’s true, what we need is another D-Day, not another Vietnam, not a limited war, fought on the cheap.” Then, in 1994, he pushed through the massive crime bill, which authorized more than $30 billion of spending, largely devoted to expanding state prisons and local police forces. He bragged of his accomplishments in a
1994 report: The “first [national] drug strategy sought a total of $350 million in federal aid to state and local law enforcement, with states matching the federal assistance dollar for dollar. The first drug strategy I offered—in January 1990—called for more than $1 billion in aid to state and local law enforcement—a controversial view at the time.”
As Biden pushed Republicans to spend more on policing and prisons, he was part of a wave of “New Democrats” pushing the party in
evermore punitive directions. Now, with upward of
one in every two families having suffered the harms of mass incarceration, Biden says he worries that “too many people are incarcerated.”