Why was the 18th amendment needed?
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April 19, 2024, 04:55:29 AM
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  Why was the 18th amendment needed?
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Author Topic: Why was the 18th amendment needed?  (Read 3558 times)
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CrabCake
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« on: August 04, 2015, 05:10:42 PM »

Like, congress has the power (or at least seems to) to ban all sorts of other substances and drugs on the federal level. Why did alcohol prohibition require a constitutional amendment?
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: August 04, 2015, 06:26:40 PM »

At the time of its passage, the expansive use of the commerce power to cover intrastate activity had not yet come into vogue.  Also, the existing state regulation largely made alcohol sales an intrastate activity anyway.
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« Reply #2 on: August 04, 2015, 06:27:29 PM »

Like, congress has the power (or at least seems to) to ban all sorts of other substances and drugs on the federal level. Why did alcohol prohibition require a constitutional amendment?

Not according to the Tenth Amendment.
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Leinad
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« Reply #3 on: August 15, 2015, 06:47:01 PM »

Well, it seems like most people now believe that the Federal Government has no right to ban marijuana within a state, so there's that.

Chris Christie notwithstanding.
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Oldiesfreak1854
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« Reply #4 on: August 16, 2015, 07:11:01 PM »

Well, it seems like most people now believe that the Federal Government has no right to ban marijuana within a state, so there's that.

Chris Christie notwithstanding.
And Marco Rubio.
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shua
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« Reply #5 on: August 18, 2015, 02:46:11 PM »

post-New Deal, would the Supremes uphold a statute banning alcohol?    Or would the 21st amendment be a barrier to it?  would make for an interesting case.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #6 on: August 18, 2015, 05:56:27 PM »

Nothing in the 21st limits Congressional power. It does grant the States some powers over alcohol that would otherwise be limited by the Dormant Commerce Clause.
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Bigby
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« Reply #7 on: August 19, 2015, 03:48:18 PM »

I imagine it was mostly the Temperance Movement and its powerful voice in the Progressive moment that caused to it go through as an amendment. That's my only guess.
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