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

By W. Durant C. | Go to book overview
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MAKE BUYERS "TELL" ON SELLERS

James F. Sanford County Judge and Judge of the Juvenile Court Colorado Springs, Col.

THE first step toward the enforcement of this amendment should be a proper understanding thereof, and to free the public of any misunderstanding of it and unjust prejudice against it.

The 18th Amendment is not a sumptuary law and there is no inherent right to manufacture, sell, or transport intoxicating liquors for beverage purposes, or to possess the same for personal use as a beverage. This amendment creates no new power and enacts no new law. It is, in fact, a repeal of all statutory laws on intoxicating liquors for beverage purposes and is a declaration on the part of the people placing the status of intoxicating liquors, as a beverage, just where it was upon the adoption of the original Constitution.

If the law is as above stated, it follows that the 18th Amendment does not interfere with the inherent rights or infringe on the constitutional personal liberty of any citizen of state or nation. It is not a prohibitory measure, in the sense we commonly use that term.

All intoxicating liquor laws, short of absolute prohibition, that have ever been passed, are license laws, subject to revocation at the discretion and will of the authority that passed them. There is no vested right in a license, therefore there never was a liquor law passed in which any vested right was had, or in which any right could be established by custom, time or usage.

A propaganda bureau established by the government should confute the false propaganda of the opponents of the Amendment and thus clear the minds of the many loyal, sincere and law-abiding citizens who erroneously be

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