I just learned an interesting factoid: on this date in 1933, my own home state of Utah ratified the 21st Amendment to the Constitution, casting the critical vote that established a three-quarters majority and overturned Prohibition. Yes, that’s right: because of Utah, the nation was able to start drinking again. Well, legally drinking, anyway. Ironic, considering a lot of modern-day Utahns would probably like to bring back Prohibition, and our local liquor laws seem designed to make getting a drink as inconvenient as possible without outright banning the stuff. But that’s history for you. Times change.
This website here has information about the event, including the text of the 21st Amendment and the one it repealed, the 18th Amendment, as well as a proposal that this should be a national holiday in tribute to our Constitutionally guaranteed rights and freedoms… especially the one that allows us to get plastered if we so choose. Now that’s a holiday I can get behind…
I’ve always wondered why prohibition had to be enacted by a constitutional amendment rather than by federal or state law. Isn’t the purpose of the Constitution to guarantee the fundamental rights of citizens and procedures of government? Defining lawful and unlawful behavior is for the legislature? Or am I just totally ignorant about our legal system?
I believe it was Constitutionalized (is that a word?) because that was the only way to enact a nationwide ban without generating questions about the constitutionality of such a ban. In other words, if the temperance movement had merely gotten a federal law passed, somebody would surely have challenged it on constitutional grounds, saying that the right to get bombed was guaranteed under freedom of expression or something.
Of course, I may be talking out of my butt here. That’s just my theory…
Ah, I see… according to this, an amendment was necessary because the Constitution did not grant the federal government the power to regulate alcohol, so in order to enact a nationwide ban at the federal level, an amendment was needed to provide Congress with that power. It was a procedural thing…
Certainly the right to get bombed and call your ex-girlfriends or sing Margaritaville would be construed as free, albeit foolish, speech.
Hey, I’ve never gotten bombed and called my ex-GF to sing Margaritaville. Well, ok, there was that one time… but she deserved it!