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

By W. Durant C. | Go to book overview
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LET STATES FIX ALCOHOLIC CONTENT

Justice Rivers Buford Supreme Court, Florida

THE 18th Amendment is as follows:

"Section 1. After one year from the ratification of this article, the manufacture, sale or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes, is hereby prohibited.

"Section 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.

"Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress."

It will be observed that this Amendment prohibits the manufacture, sale or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof, for beverage purposes.

It does not apply to all alcoholic liquors, but only to such alcoholic liquors as are in fact intoxicating.

To make the provisions of this section of the Constitution effective the Congress may either prohibit or regulate the sale of alcoholic liquors which are not in fact intoxicating. To that end I suggest:

1. That the Enforcement Act be amended so as to prohibit the manufacture, sale or transportation of alcoholic

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