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To: H.Akston
States have no powers to 'outlaw' prostitution, -- they can only 'reasonably regulate' such 'sinful' behaviors.

Maybe you don't understand the definition of outlaw (verb, transitive)":
To make illegal.

Maybe you don't understand that in order to make a 'sinful' behavior 'illegal' nationwide the States felt it necessary to pass an Amendment back in 1919.

The Eighteenth Amendment only prohibited "manufacture, sale, or transportation of intoxicating liquors . . . for beverage purposes."
An individual could still make beer & wine for personal use. Alcohol could be made for medicinal uses, etc.
The individuals rights were not "outlawed".

Although the 18th was the "supreme law of the land," it still required an Act of Congress to make it enforceable.
Enter the super-dry, ultra-religious congressman from Minnesota, Andrew J. Volstead. Many who supported the Eighteenth Amendment took the term "intoxicating liquors" to mean liquor: whiskey, rum, and other distilled spirits. Most liquors were at least 40% alcohol ("eighty proof"); some, particularly of the "greased lightning" variety, were as much as 90% alcohol.

Surely beer, with its three to seven percent alcohol content, and wine, with its less-than-fifteen percent alcohol content, would be permitted—with certain restrictions and regulations, of course.

Much to people's surprise, Volstead, backed by the triumphant evangelicals, defined "intoxicating liquors" as any beverage containing more than one-half of one percent alcohol.

Using the momentum of the anti-German, anti-beer bias, Volstead was able to pass his National Prohibition Act over President Wilson's veto. Understandably, many supporters of the Eighteenth Amendment felt betrayed.

A religious belief had become the law of the land.

In exchange for giving up one of their basic freedoms, the people of the United States were promised great things by the reformers. The great things never came. And, of course, the 'Volstead Act' was an unconstitutional exercise of Congressional power, in the opinion of many rational men.
Thus, its repeal, when sanity again ruled.

347 posted on 07/20/2004 8:41:38 AM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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To: tpaine

"Maybe you don't understand that in order to make a 'sinful' behavior 'illegal' nationwide the States felt it necessary to pass an Amendment back in 1919."

You have given me a great opportunity to teach you again.

They felt it necessary to pass a constitutional amendment, because they knew that Congress could make no such prohibition of liquor, because the 10th Amendment reserved the prohibition of liquor as a State power.

The tee-totalling zealots wanted to give Congress the power to prohibit liquor, hence the need for section 2:

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

Congress did not have the power, before the 18th Amendment, only states did, and ever since the 21st was ratified, only states do.


351 posted on 07/21/2004 12:45:50 PM PDT by H.Akston
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To: tpaine
An individual could still make beer & wine for personal use.

Not according to the language of that amendment. Wine is intoxicating. Beer is intoxicating. People need to be very careful what they put into an amendment. It was quite a good thing that it was repealed. By the language of that amendment, you could make grain alcohol, and inject it intravenously, and Congress would have no power to prevent that, because you wouldn't be using it for "beverage purposes".

352 posted on 07/21/2004 12:54:19 PM PDT by H.Akston
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