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To: Harmless Teddy Bear
"War acts are also irrelevant as Congress and the President may indeed overstep their peace time powers in times of war."

The First World War ended on November 11, 1918 -- The War Prohibition Act passed on November 21, 1918. We were no longer at war.

You're silent on the 21st amendment. Why was Section 2 added?

I mean, Section 1 repealed the 18th amendment. Bada bing, bada boom, that's all that's needed. According to you, the states then have exclusive power -- like they did before the 18th was ratified, right?

Then why Section 2? Section 2 which reads: "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."

Seems to me that the power to regulate alcohol now lies exclusively with the state, not the federal government. Note that it doesn't say, "in violation of state or federal laws".

"This Court's decisions since have confirmed that the (wording of 2 of the Twenty-first) Amendment primarily created an exception to the normal operation of the Commerce Clause. See, e. g., Hostetter v. Idlewild Bon Voyage Liquor Corp., 377 U.S. 324, 330 (1964); Carter v. Virginia, 321 U.S. 131, 139 -140 (1944) (Frankfurter, J., concurring); Finch & Co. v. McKittrick, 305 U.S. 395, 398 (1939).
-- Justice Brennan, Craig v. Boren, 429 U.S. 190 (1976)

193 posted on 03/05/2005 7:38:47 AM PST by robertpaulsen
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To: robertpaulsen
Until demobilization was complete the country is still considered to be at war and war powers still apply.

You notice that they put an ending time on it showing that they knew where the power was coming from.

"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."

It returned the rights to the states that had been taken from them.

The eighteenth amendment did two things. It outlawed "intoxicating liquors" and it took the right out of the hands of the state. When you reverse something like that you must put things back the way you found them. Section 2 confirmed that this was done.

195 posted on 03/05/2005 7:58:13 AM PST by Harmless Teddy Bear (Faith manages. (Afghanistan - Libya - Ukraine - Iraq - Lebanon - Where next?))
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