Law Observance: Shall the People of the United States Uphold the Constitution?

By W. Durant C. | Go to book overview
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PRESIDENTIAL LEADERSHIP IN ENFORCING AND EDUCATING
William M. BennettFormer State Senator, New York
The 18th Amendment
1. The manufacture, sale or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all the territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.

The Problem
The best and most practicable plan to make the 18th Amendment effective.
Proposed Plan
This plan consists of two parts:
1. Legislation, enforcement, changes in administration.
2. Educational program to put public opinion back of the Amendment.
A constitution is not self-enforcing. It contains no penalties for its violation. It must therefore be followed by legislation to become effective.
Part I--Legislation, Enforcement, Changes in Administration

A. Legislation
1. Federal: Federal legislation (a) defines "intoxicating"; (b) declares the crime for violation of the Amendment; (c) creates officers to administer the law. Under it there is now partial enforcement, but the Amendment is not completely effective.

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Law Observance: Shall the People of the United States Uphold the Constitution?
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