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

By W. Durant C. | Go to book overview

LET JURY MAJORITIES DECIDE

William B. Smith, M.D. Township Judge, Kernville, California


Can the 18th Amendment be Made Effective? Certainly!

BUT if it is being enforced hopefully or satisfactorily now, then my mind misinterprets the evidence brought in by my live senses--sight, hearing, smell, taste and touch.

Its failure constitutes one of the major problems in the hearts and minds of parents who are now bringing up children under the conditions brought about by that constitutional law and its enforcement.

If the younger generation is forgotten in deference to the muddle-headedness of this present one, the nation is going to suffer permanently.

The only excuse a doctor, who is also a judge, might have in entering a manuscript in a contest of this sort is that any one who has a clear thought to offer is remiss if he does not take advantage of any opportunity to get it before the public.

To hope to correct the enforcement of any major law in our democratic form of government we must know--first, what its fundamental weakness is; second, what the machinery of enforcement lacks to make it effective, and third, the logical paths that may be travelled toward betterment.

The fundamental weakness of the 18th Amendment lies in the fact that it is a sumptuary law written into the Constitution of a democracy. The nearest previous approach to that in our Constitution is the amendment devised to correct disenfranchisement of the Negroes in the southern states. Nullification has been the result in every state where the race problem pinches the dominant white voters. It does not constitute a major problem in our social and political life because 50 per cent of the voters of this country are

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