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Old June 7, 2021, 09:47 PM   #29
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 17,273
Quote:
Originally Posted by KyJim
Quote:
even heard the argument from the anti's that because of the 21st amendment you can't ban alcohol I MEAN Well I guess irony has lost all meaning lol
Can't ban it nationally, but you can certainly ban it locally under the 21st Amendment. Or you could start a drive to amend the Constitution again and ban it nationally. I doubt many of the vocal gun grabbers would want to ban alcohol locally, say at the county level. And fewer still would want to revisit the failed experiment called Prohibition.
I thought about commenting on this before, got sidetracked, and didn't. Now I will.

Anyone who thinks alcohol "can't" be banned because of the 21st amendment doesn't understand how laws and constitutional amendments work. Alcoholic beverages were banned, by the 18th amendment -- prohibition. As KyJim described it, it was a failed experiment. The 18th Amendment said:

Quote:
Amendment 18 - Liquor Abolished

1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
It was ratified, it went into effect, and a few years later there was a determined effort mounted to repeal it. That effort resulted in the 21st amendment, which said:

Quote:
Amendment 21 - 18th Amendment Repealed

1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
The 21st amendment does not in any way prohibit the possibility of a repeat of the 18th amendment, or the enactment of a national ban on alcoholic beverages by the Congress. The 21st amendment specifically provides that "The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited." Obviously, then, this means that the states and their political subdivisions are allowed to have or to enact laws prohibiting "intoxicating liquors."

When some people read a law (or anything else, for that matter), they see in it only what they want to see, not what it says.
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