Monday, May 20, 2019
American Government: 21st Amendment
The twenty first article of amendment to the U. S. Constitution was the result of public disagreement to constitutional amendments, plot of ground the Supreme homage had played the role of subject matter mediator. The dry shadows of the 18th Amendment began to fade reveal with the coming of the Great Depression, as, the alcohol consumption was reduced, but not erased, and, at the same time, bootlegging had reached its peak. The depicted object prohibition of alcohol has endured for only 14 years and was, finally, ratified by the legislators and 36 states on celestial latitude 5, 1933.The 21st Amendment has framed sale and manufacture of grain alcohol within the state, excluding transportation and importation of liquors. The tale of the U. S. court notes three cases, involving the 21st amendment though, none of them was clearly based on the article. Craig v. Boren (No. 75-628) was the appeal from the join States govern court for the Western district of Oklahoma. Appellant Craig claimed that a statute of Oklahoma stood for discrimination based on sexuality, prohibiting the sale of nonintoxicating 3. 2% beer to males under the age of 21 and to females under the age of 18 (1976 US, 429 U.S. 190, I). Appellant bleach took a side of equal protection challenge, because, as a licensed vendor of grain alcohol, she could discontinue her business or pay high penalties if she obeys or disobeys the statute of the state accordingly. To support the claim, appellants provided statistical data, proving that 18-20-year males ar more likely to be arrested for drunk driving, be killed, injured, and inclined to drinking than females of the same age. Males were prohibited to leverage intoxicating liquors, yet, were allowed (anything that is not prohibited, is allowed) to drink them.The data showed that public safety had to be protected from such incidents and crashes. reason out all stated above, Craig highlighted the violation of the refer Protection Clause and was see king for resolution of such a controversy. On the opposite hand, Boren, the governor of Oklahoma, rendered statistics, which showed only that . 18% of females and 2% of males in the 18-20-year-old age group were arrested for American Government 21st Amendment Page2driving while under the influence of liquor (1976 US, 429 U. S. 190, II C). In such a way, the appellants data claimed to be invalid. Boren had not put aside the Craigs statistical evidence yet, rated it as insufficient in determining the key factors of traffic safety The statistics exhibit a variety of other shortcomings that seriously impugn their value to equal protection analysis and make no effort to relate findings to age-sex differential (1976 US, 429 U.S. 190, II C). For that reason, the results can hardly prove the ratio between gender/age and drinking/driving. The decision of the court was as follows the difference between males and females of 18-20-year period had violated the Equal Protection Clause and, ther efore, discriminated males by Oklahomas 3. 2% beer statutory scheme. Finally, the judgment of the District Court was reversed. The 21st Amendment bound the operation of the Commerce Clause.The court assumed that the Twenty-first amendment strengthened the States police powers with respect to alcohol regulation (1976 US, 429 U. S. 190, II D). Nevertheless, Oklahomas discrimination against males violated the fourteenth Amendment, while the text of the 21st one had nothing to deal with individual rights of US citizens. While intimately of Americans followed the dry law, the activists of individual freedom were weaving the threads of nationwide hazard, coming from followers of moral values.On the other hand, bootleggers knocked a fortune during the Prohibition and governments could not lose the chance to increase public revenues. The 21st Amendment had give a safe and structured marketplace for US citizens and empowered states to regulate sale of alcohol, but legalized a widespread al cohol production, distribution and consumption within the states.However, the states legislative and regulatory authority, attached by the 21st Amendment to the US Constitution, is a core factor of alcohol control and retailing. Bibliography 1. The Constitution of the United States, Amendment 21. 2. U. S. Supreme Court. Craig v. Boren, 429 U. S. 190, 1970. Online. The Oklahoma State Courts Network. Internet. 15 March, 2007. Available http//www. oscn. net/applications/oscn/DeliverDocument. asp? CiteID=430201
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