Premium Essay

Interpreting The 21st Amendment

Submitted By
Words 1805
Pages 8
Digesting the 21st Amendment
Introduction
I am not a drinker; I am seventeen. But even as someone who doesn’t fully realize the effects and significance of alcohol in our society, I can recognize simple freedoms and liberties, like being allowed to drink alcoholic beverages, even if I was always told growing up that it wasn’t necessarily a good thing to do. So I view the 18th Amendment, the prohibition of alcohol, as an amendment that did more harm than good being passed: it infringed on simple drinking rights, it stunted economic growth, and encouraged illegal alcoholic distribution and a rise in criminal activity. Which is why I am glad that the 21st Amendment was introduced to repeal the prohibition of alcohol as a good thing, short and …show more content…
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.
This 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 The first section of the amendment is pretty cut and dry: the 18th Amendment, the prohibition of alcohol, is repealed and no longer in effect. This was done to reverse the negative effects prohibition had on society at the time. The second section is a little more ambiguous and harder to define due to possible conflict with the Commerce Clause-more specifically the dormant Commerce Clause. Because of this, there have been many different interpretations of this section, especially by the Supreme Court. In 2005, the Court decided that States must hold in-state and out-of-states to the same level, and offered their most limited interpretation of Section 2 …show more content…
Yes, too much alcohol can have damaging effects on a person in more ways than one. Too much of anything can be damaging to a person in more ways than one. It is up to the people consuming the beverage to be drinking responsibly and with moderation as to not mess up their bodies or minds. Bringing back the distribution and manufacturing of alcohol stimulated the country economically, as well. The industry was reborn and needed people to man it and take up jobs throughout its various sectors, providing millions of jobless people with ways to make a living for themselves and their families. And I can easily get behind the reduction of crime going on in the country. Yes, the crooks could still be crooks and rob, steal, and murder. But the idea of bootlegging looked a lot less necessary now that the bars were open and people didn’t need to hide their drinking. Therefore, speak-easies and the illegal distribution of alcohol were a lot less profitable for said criminals. You would not have to look far at all to find someone who shares a similar opinion: those who initially were for prohibition eventually grow to despise it, and supported the 21st Amendment. Them, plus everyone who was against prohibition from the start, including those organized crimes syndicates, all make up a considerable group of people who would have seen the 18th Amendment repealed in a

Similar Documents

Premium Essay

Branches of the Government

...Branches of Government Team A HIS/301 30 Apr 2016 Mr. Joseph Richardson University of Phoenix After winning the Revolutionary War the Founding Fathers of the United States of America needed to come together on how they were going to run their new independent country. They all came together and decided they wanted their country governed based on a Constitution that followed natural law. They also wanted the separation of branches of government with checks and balances to ensure no one branch gets too much power, which is still in use to this present day. There are three branches of government that come together to make up a bill and keep it in place. There is the legislative branch, executive branch, and judicial branch. The legislative branch is there to make the laws. The executive branch carries these laws out and finally the judicial branch evaluates all these laws. The founding fathers put these three branches in place having in mind that they wanted all three to have equal power and an equal amount of work. These three branches consist of many checks and balances to share the power; it’s all about compromising. Each branch checks the power of the other branches to make sure power is balanced between each of them. The legislative branch introduces and votes on a bill, and then the bill goes to the executive branch where the president decides whether or not to veto the bill. Finally, once a bill is passed people can test it through the court system and this...

Words: 1164 - Pages: 5

Free Essay

Tax Federation V/S Union of India

...FIRST INTERNAL ASSIGNMENT TAXATION LAW SUBMITTED BY: KONIKA JAIN PRN:15010143061 All India Federation Of Tax Practioners (Petitioner) v/s Union Of India & others(Respondent) 21st August 2007 (Date Of Judgement) CITATION: (2007) 7 SCC 527 AIR 2007 SC-2990 NAME OF THE JUDGES: S.H. Kapadia & B. Sudershan Reddy FACTS: * On 1st June 1998 finance bill was introduced in which Clause 119 of the Notes sought to substitute Sec 65 ,66 and 68 and amend the Section 67 of the finance act which was related to service tax in which the tax will be levied on services rendered by a practicing chartered accountant ,cost accountant and architect to a client in professional capacity at the rate of 5% . * But on 3rd June 1998 , Bombay Chartered Accountant association made a representation to the central government objecting this bill but then also the bill was passed in August 1998 and mainly it came into force on 1st April 1998. * Then on 7th October 1998 ,Union of India issued a notification in which taxable services are exempted other than accounting and auditing and than within the period of ten days i.e on 16th October ,1998 issued another notification in which the scope of exemption was reduced. * And therefore, the All India Federation of Tax has filed a written petition in Bombay High Court challenging the validity of the levy of service tax. PROCEDURAL HISTORY: This is an appeal which was filed against the...

Words: 3819 - Pages: 16

Premium Essay

Laws1006 Essay Semester 1 2010

...FOUNDATIONS OF LAW 2010 Combined Law Essay Critically analyse the Australian Government’s proposed reforms for protecting and promoting human rights for the more vulnerable groups in Australia. A bill of rights alone will not protect the rights of the people. But nor will a majoritarian democracy. Contemporary democracy stands for more than just the primitive notion of according full power to the popular majorities of Parliament by the vote. It requires the recognition of Parliamentary sovereignty, and furthermore it calls for the preservation of the principles of rule of law, judicial independence and more importantly the rights of all individuals. Although the Government’s recently launched National Human Rights Framework promises a selection of human rights protection mechanisms, in light of its failure to provide a bill of rights that many Australians want, it is an inadequate attempt at promoting and protecting the more vulnerable groups. Even though the Framework claims that it reserves the function of statutory interpretation for the courts, in reality it empowers the Parliament with the capacity to “guide”[1] the courts into enacting legislation. The Government’s downplay of judicial influence cannot be ignored and this points to a discussion of whether Australia needs a bill of rights. The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between...

Words: 3956 - Pages: 16

Premium Essay

A Case Analysis on Corporate Criminal Liability

...A CASE ANALYSIS ON CORPORATE CRIMINAL LIABILITY Abbreviations RNRL- Relinace natural resources IPC- Indian Penal Code UOI- Union of India All ER - All England Law Reports (United Kingdom) CriLJ – Criminal Law Journal Table of cases 1. Lord Reid in Tesco Supermarkets Ltd. v. Natrass [1971] All ER 127 2. Zee Telefilms Ltd. v. Sahara India Co. Corporation Ltd., (2001) 3 Recent Criminal Reports 292. A. K. Khosla v. S. Venkatesan (1992) Cr.L.J. 1448 3. KalpanathRai v State (Through CBI), (1997) 8 SCC 732 4. State of Maharashtra v. Mayer Hans George,A.I.R. 1965 S.C. 722 5. Nathulal v. State of M.P., A.I.R. 1966 S.C. 43 6. MV Javali v. MahajanBorewell& Co and Ors.,AIR 1997 SC 3964 7. The Assistant Commissioner, Assessment-II, Bangalore &Ors. Vs. Velliappa Textiles, (2004) 1 Comp. L.J. 8. Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 9. Iridium India Telecom Ltd. v. Motorola Incorporated and Ors ,AIR 2011 SC 20 10. CBI v. M/s Blue-Sky Tie-up Ltd and Ors ,Crl. Appeal No(s). 950 of 2004 11. Kartick Chandra v.Harsha M. Dasi, AIR 1943 Calcutta 35 at 354; Contents Introduction 6 Corporate Criminal Liability under the Companies Act 1956 &2013 6 Doctrine of identification theory 9 Position prior to the Standard Chartered Bank Case Law 11 Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 12 Post Standard Chartered Bank case law: 13 Conclusion...

Words: 4662 - Pages: 19

Premium Essay

Con Law Outline

...CONSTITUTIONAL LAW 1 OUTLINE KEYED TO: SULLIVAN CASEBOOK 1. The Supreme Court's Authority and Role * Judicial Review * ROL→ Congress may neither restrict nor enlarge the Supreme Court’s original jurisdiction. * Marbury v. Madison * →Established Judicial Review. Court Held that a writ of mandamus to deliver a commission made by John Adams fell under the Sup. Court's appellate jurisdiction and therefore could not be brought in that court originally under Art. III b/c it is repugnant to the Constitution * →Supreme Court Authority to Review State Court Judgments * ROL→ The United States appellate power also extends to REVIEW state court judgments * →Judiciary Act of 1789, § 25: Provides for supreme court review of final decisions of the highest state courts rejecting claims based on federal law * Martin v. Hunter's Lessee * →A Virginia citizen willed his Virginia land to his nephew, P, a British subject and resident of England.  Virginia, according to state law, had the right to confiscate land owned by British subjects and did so.  Virginia granted this land to D, who then ejected P from the land.  But, the treaties of 1783 and 1794 with Great Britain had anti-confiscation laws saying that the states won’t take the land of British citizens. Supreme Court exerted its authority to review the Virginia court's judgment and held that Supremacy Clause declares that the Federal...

Words: 12291 - Pages: 50

Premium Essay

Same Sex Marriage

...Table of Contents Title Page.................................................................................................................................i Table of Contents....................................................................................................................1 A. Inroduction.........................................................................................................................2 B. Definition...........................................................................................................................3 - 4 C. Issues..................................................................................................................................4 - 8 i. LGBT parenting..........................................................................4 ii. Adoption.....................................................................................4 - 5 iii. Surrogacy and fertility treatment................................................5 iv. Organizations..............................................................................5 - 8 v. Health..........................................................................................8 - 9 D. History..............................................................................................................................9 - 11 i. Ancient......................................................................................

Words: 7674 - Pages: 31

Free Essay

Its Good Paper

...Today’s Physical Therapist: A Comprehensive Review of a 21st-Century Health Care Profession Prepared by the American Physical Therapy Association January 2011 Foreword The American Physical Therapy Association (APTA) created Today’s Physical Therapist: A Comprehensive Review of a 21st-Century Health Care Profession to provide accurate information for government entities and the public about the history, role, educational preparation, laws governing practice, standards of practice, evidence base of the profession, payment for physical therapy services, and workforce issues unique to the physical therapy profession. As government, private health care entities, and provider groups pursue solutions to the considerable health care provision challenges the United States faces, it is imperative that accurate information about the qualifications and roles of specific providers, in this case physical therapists, be available to inform all entities as they engage in these discussions. APTA is the national professional association representing more than 77,000 physical therapists, physical therapist assistants, and students nationwide. The association acknowledges and thanks the Federation of State Boards of Physical Therapy, the national organization representing 51 boards of physical therapy licensure, for input and assistance with this document. © 2011 American Physical Therapy Association. All rights reserved. i | American Physical Therapy Association Table of Contents ...

Words: 62204 - Pages: 249

Premium Essay

Pols Final Exam Review

...important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities clause, original...

Words: 37488 - Pages: 150

Free Essay

Jail and Prison

...UNIT 1 Answer Key CHAPTER 1 CHAPTER 1 Section 1 Prereading and Vocabulary 2 Reading Comprehension 3 1. 2. 3. 4. 5. 6. oligarchy citizen democracy constitution state two basic levels; certain decisions; only the federal government; each of the states Federalism is a system of government in which power is divided between a central government and several regional, or state, governments. 1. Population; the people who live within the boundaries of the state 2. Territory; land with known and recognized boundaries 3. Sovereignty; the supreme and absolute power within a state’s territory to decide its own foreign and domestic policies 4. Government; the institution through which society makes and enforces public policies 5. Force theory; the state was born of force, when one person or a small group gained control over people in an area and forced them to submit to that person’s or group’s rule. 6. Evolutionary theory; the state evolved from early families that united to form clans. Later, clans united to form tribes. As tribes settled into agricultural groups over time, they formed states. 7. Divine right theory; God created the state and gave a chosen few the right to rule. 8. Social contract theory; people voluntarily agreed to create a state and give to the government just enough power to promote the safety and well-being of all. Government exists to serve the will of the people, and the people are the sole source of political...

Words: 19014 - Pages: 77

Free Essay

Just Like That

...Single Convention on Narcotic Drugs From Wikipedia, the free encyclopedia | [hide]This article has multiple issues. Please help improve it or discuss these issues on the talk page. | This article lends undue weight to certain ideas, incidents, or controversies. (December 2013) | This article is outdated. (December 2013) | This article needs additional citations for verification. (October 2014) | | | Single Convention on Narcotic Drugs | Governments of opium-producing Parties are required to "purchase and take physical possession of such crops as soon as possible" after harvest to prevent diversion into the illicit market. | Signed | 30 March 1961 | Location | New York City | Effective | 8 August 1975 [1] | Condition | 40 ratifications | Parties | 185[1] | Depositary | Secretary-General of the United Nations | Languages | Chinese, English, French, Russian and Spanish | Single Convention on Narcotic Drugs at Wikisource | The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific (nominally narcotic) drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research. As noted below, its major effects included updating the Paris Convention of 13 July 1931 to include the vast number of synthetic opioids invented in the intervening thirty years and a mechanism for more easily including new ones. From 1931 to 1961, most of the families of synthetic...

Words: 28067 - Pages: 113

Premium Essay

Lone Wolf Terrorism

...Lone Wolf Terrorism Introduction Problem background and significance In the United States terrorism incidents such as the attack in 1995 in Oklahoma by Timothy McVeigh and the September 11th attack in 2001, have led to the realization that lone wolf terrorism posses a grave threat to the safety of the public. Terrorism analysts and law enforcement authorities have insisted that it is hard to spot lone terrorists before they strike and this is of great threat to the security of a nation. From FBI information it is evident that lone terrorism trends indicate that it is an ongoing risk both in side the United States and outside the country (Risen & Johnston, 2003) In 2003 the director of the FBI stated that there was an increased threat from persons who are affiliated or sympathetic with the Al Qaeda and they act without having any conspiracies surrounding them or external support. Scholars in the field of terrorism have in the past concentrated on the how terrorist groups work so as to explain how individuals work. The general view of terrorism is that it is a group activity which is mainly influenced by leaders training, recruitment, obedience and conformity, solidarity and moral disengagement. Due to the imbalance that exists between the focus by scholars on terrorism that is group based on one hand and apparent threat posed by lone wolf terrorist on the other hand, necessitates the empirical and conceptual analysis of lone wolf terrorism so as to establish a good understanding...

Words: 8796 - Pages: 36

Premium Essay

Heerrr

...Topic Two: Human Rights Rights The nature and development of concepts of human rights. State sovereignty, ‘natural law’ doctrine, historic constitutional documents, movement for slavery abolition, trade unionism, universal suffrage and universal education Human Rights Human rights are the basic rights to which all human beings are entitled to. The most recognized document in modern human rights is the Universal Declaration of Human Rights, created by the UN. Human rights can be said to come from the idea of ‘natural law’. Natural Law Doctrine is the idea that some laws come from God or higher reasoning whether they have been written down or not. State sovereignty State sovereignty refers to the power of a state to have control over its territory and its subject. It’s important for protecting human rights because it means someone whose rights are being abused can flee to a safe country for protection. Because it restricts the actions of neighbours and other concerned states, also allows human rights abuses to go unpunished within the boundaries of a state. Movement for the Abolition of Slavery Slavery is the state of being under the control of another person. Trade Unionism Trade unionism is the collective organisation of workers formed to protect the rights of individuals from the power exercised by employees. The benefits of trade unionism include: * Prevention of child labour * Prevention of forced labour * Fair treatment of workers ...

Words: 14719 - Pages: 59

Free Essay

Pv Narshima Rao

...MANU/SC/0293/1998 Equivalent Citation: AIR1998SC2120, 1997(1)ALD(Cri)157, 1998(1)ALD(Cri)762, 1997(1) BLJR263, 1998CriLJ2930, JT1998(3)SC318, 1998(2)PLJR67, 1998(3)SCALE53, (1998)4SCC626, [1998]2SCR870 citation image IN THE SUPREME COURT OF INDIA Crl.A. Nos. 1207-1208 of 1997 [With Crl.A. Nos. 1209/97, 1210-12/97, 1213/97, 1214/97, 1215/97, 1216/97, 1217-18/97, 1219/97, 1220/97, 1221/97, 1222/97, 186/98 (Arising out of S.L.P. (Crl.) No. 2/98) and 187/98 (Arising out of S.L.P. (Crl.) No. 366/98)]. Decided On: 17.04.1998 Appellants: P.V. Narsimha Rao Vs. Respondent: State (CBI/SPE) Hon'ble Judges: S. C. Agrawal, G.N. Ray, A.S. Anand, S.B. Bharucha and S. Rajendra Babu, JJ. Counsels: Ashok H. Desai, Attorney General for India, T.R. Andhyarujina, Solicitor General, P.P. Rao, Kapil Sibal and D.D. Thakur, Sr. Advs., Ranjit Kumar, Anu Mohla, I.C. Pandey, C. Paramasivam, Ajay Talesara, Jamshed Bey, Rakhi Roy, Bina Gupta, Surat Singh, Ashok Mahajan, P.P. Singh, Chandrashekar, Girish Ananthamurthy, B.Y. Kulkarni, Navin Prakash, Arun Bhardwaj, K.C. Kaushik, Manish Sharma, D. Prakash Reddy, L. Nageshwara Rao, Indu Malhotra, Rajiv Dutta, Akhilesh Kumar Pandey, Bharat Sangal, R.P. Wadhwani, P.K. Manohar, P. Parameswaran, A. Mariarputham and S.C. Jain, Advs Subject: Media and Communication Subject: Criminal Acts/Rules/Orders: Privileges of Parliament Act, 1512 ;Code of Criminal Procedure, 1973 - Section 108, Code of Criminal Procedure, 1973 - Section 164, Code of Criminal Procedure, 1973 Section...

Words: 64031 - Pages: 257

Premium Essay

Secularism

...Pal, V.K. Shukla, Nischal Kumar Neeraj, Ashish Tripathi, K.K. Mohan, Nawal Kishore Jha, M.P. Jha, Harshvardha Jha, Ram Ekbal Roy, Rani Jethmalani, Harish Pandey, Samar Bansal, Abhik Kumar, P.R. Mala, Rajiv Kumar Tiwari, Rajesh Kumar, Sanjai Tiwari, Lata Krishnamurthi, Sachin Jain, Mukesh Kumar Tripathi, Lokesh Kumar, M.K. Garg, Meenakshi Arora, S. K. Mehndiratta, Pranav Sen, S.W.A. Qadri, Mahra, R.M. Sharma, Sushma Suri, Advs., Gopal Subramanian, ASG., Dayan Krishnan, Gautam Narayan, Satyakam, T.S. Murthy, Raghenth Basant, Aman Ahluwalia, Arunav Patnaik, Abhishek Tiwari and D.S. Mahra, Advs. Subject: Constitution Acts/Rules/Orders: Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 15, Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 19, Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 26; Bill of Rights Act, 1688 - Schedule - Article 9; Parliamentary Privilege Act, 1770; East India Company Act, 1784; Charter Act, 1833; Charter Act, 1853; Charter Act, 1854; Charter Act, 1861; Charter Act, 1892; Charter Act, 1909; Government of India Act, 1915 - Section 63, Government of India Act,...

Words: 122434 - Pages: 490

Premium Essay

Hrm Human Resource Management

...1. INTRODUCTION TO THE BANKING SECTOR 1.1 Banking Sector of Pakistan The banking sector in Pakistan consists of Commercial Banks and Specialized Banking Institutions. During the quarter-1 of financial year 2004 as per SBP Quarterly report there has been robust growth in deposit mobilization and credit off take with a  rise of PKR 23.1 billion in net credit to the private sector[1]. The banking/financial sector in Pakistan comprises of Commercial Banks, Development Finance Institutions (DFIs), Microfinance Banks (MFBs), Non-banking Finance Companies (NBFCs) (leasing companies, Investment Banks, Discount Houses, Housing Finance Companies, Venture Capital Companies, Mutual Funds), Modarabas, Stock Exchange and Insurance Companies. Under the prevalent legislative structure the supervisory responsibilities in case of Banks, Development Finance Institutions (DFIs), and Microfinance Banks (MFBs) falls within legal ambit of State Bank of Pakistan while the rest of the financial institutions are monitored by other authorities such as Securities and Exchange Commission and Controller of Insurance[2]. At present there are 41 scheduled banks, 6 DFIs, and 2 MFBs operating in Pakistan whose activities are regulated and supervised by State Bank of Pakistan. The commercial banks comprise of 3 nationalized banks, 3 privatized banks, 15 private sector banks, 14 foreign banks, 2 provincial scheduled banks, and 4 specialized banks2. 1.2 State bank of Pakistan The State Bank of Pakistan regulates...

Words: 16050 - Pages: 65