When America repealed prohibition, we repealed it with a constitutional amendment making explicit that the power to regulate alcohol is reserved for the states. Even today, when Congress wants to pass federal alcohol laws (such as the federal drinking age, or the federal minimum blood-alcohol standard for drunk driving), it can't simply dictate policy to the states. Instead, it ties the laws to federal highway funding, a blackmail that while distasteful, at least carries the pretense of adherence to the Constitution.
Contrast that to drug prohibition, where Congress (and the Supreme Court, when it upheld it) made no attempt to comply with the Constitution in passing the Controlled Substances Act of 1970 (CSA), the law that gave us the modern drug war.
Radley Balko says we learned little from the Prohibition experiment.
No comments:
Post a Comment