99-years and one day ago the US, properly and legally, banned booze.
First they passed the 18th Amendment, without which there was no power granted to the Federal Government to ban the manufacture or sale of alcohol.
Then, yesterday in 1919, they passed the Volstead Act.
This all lasted until December 5, 1933 when the 21st Amendment took the power to ban the manufacture and sale away from the Feds; and thus invalidating the Volstead Act.
Take a gander at all of the other things banned by the government and see if you can find the section of The Constitution that empowered the Feds to ban them, but didn't empower the banning of booze without an amendment.
Wickard v Filburn has a lot to answer for.
I wonder if FDR was surprised to find himself frozen up to his neck in the ninth circle of Hell with the entire Stone court.
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FDR. I despise him as much as I despise Ovomit............
ReplyDeleteI ask people all the time how is it that the.gov can ban the use of pot just on their say so, without the Constitutional amendment. The best answer I have gotten was from a smart 15 YO kid. They do it because they can. I think that is on us. We let them.
ReplyDeleteFDR would be yelling: "You think THIS bothers ME? I was married to HER for forty years! I saw Eleanor Roosevelt NAKED! This is a VACATION! AAAH!" And then Sam Kinnison shows up and smacks him mightily around the head for swiping Kinnison's schtick.
ReplyDeleteTrue, but was he surprised?
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