🚀 go-pugleaf

D. Stussy wrote:
> "Golden California Girls" <GldnCAGrls@aol.com.mil> wrote in message
> news:vfWdnWw_-thzbPLanZ2dnUVZ_tTinZ2d@championbroadband.com...
>> D. Stussy wrote:
>>> "Golden California Girls" <GldnCAGrls@aol.com.mil> wrote in message
>>> news:XqmdnRiqY_svrfLanZ2dnUVZ_qainZ2d@championbroadband.com...
>>>> In LA.EATS D. Stussy wrote:
>>>>> "Golden California Girls" <GldnCAGrls@aol.com.mil> wrote in message
>>>>> news:MeSdnaHPoOO4C_PanZ2dnUVZ_rWtnZ2d@championbroadband.com...
>>>>>> In BA.FOOD Nomen Nescio wrote:
>>>>>>> Drivers who see someone who appears to be
>>>>>>> operating a vehicle under the influence of
>>>>>>> alcohol or other substances can call (800) TELL-CHP,
>>>>>>> said Officer Todd Workman of the CHP
>>>>>>>
>>>>>> Me thinks someone needs more days in lockup to think about their last
>>> DUI
>>>>> so
>>>>>> they understand why they were put in a cage in the first place.  Too
>>> bad
>>>>> their
>>>>>> DL can't have a big red "DUI" stamped over it so they can't buy booze
>>>>> anymore.
>>>>>
>>>>> Of course that will never happen.  "DUI" stamped on their driver's
>>> license
>>>>> is unconstitutional.  The 21st Amendment (repealing "prohibition")
>>> basically
>>>>> says that any citizen of the age of majority has a constitutional
> right
>>> to
>>>>> buy and consume alcoholic beverages.  In contrast, there is no right
> to
>>>>> operate a motor vehicle.
>>>> "Amendment XXI
>>>>
>>>> Section 1. The eighteenth article of amendment to the Constitution of
> the
>>> United
>>>> States is hereby repealed.
>>>>
>>>> Section 2. 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.
>>>>
>>>> Section 3. 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."
>>>>
>>>> Seems like that only laws that support the eighteenth article of
> amendment
>>> are
>>>> void.  So a City, County, State, or the Federal Government is free to
> make
>>> it
>>>> illegal to drink in your front yard, on the beach or even be out in
> public
>>> under
>>>> the influence, never mind drive a car or tax it.
>>>>
>>>> Now a convicted criminal has forfeit their constitutional rights.  So a
>>> big red
>>>> DUI stamp would be legal.  As would a law prohibiting anyone selling to
>>> such a
>>>> person.
>>> Tell me this:  With the 18th, which prohibited alcohol, being repealed,
> it
>>> is clear (by conclusion) that there IS a right to drink.  Furthermre,
> via
>>> the 10th, a state or local government has NO RIGHT TO REGULATE as via
> the
>>> constitutional amendments, the U.S. Government has reserved that right
> to
>>> itself.  Section 2 is a bit redundant but makes that clear.
>> Do you know what the interstate commerce clause is?  Can you see how it
> could
>> apply to booze?  If you can't spend some time in law school, until you
> can.
> 
> The 21st talks about more than transportation across state lines.

Go ahead, make your shine!  I don't care (expect to collect the reward money)
Transport it across state lines for sale.  Sell it to 15 year olds.  Don't get
tax stamps or pay taxes on it to the Feds or the States.  When you are busted,
tell the judge that the 21st says you can do it.  Make your appeal to the
Appellate court.  Make your petition for Cert. to the US Supreme Court.  Then
from your cell resolve to learn about "the law" first.  (You might want to try
looking this up first, I'm sure you will find a case where someone else claimed
that 21 made booze legal.)

Consider wine made from grapes for a second.  Are those grapes a native plant to
the USA?  No, they are imported.  Guess what, the interstate commerce clause
applies to anything you do with those grapes - like make wine.  Same thing for
beer.  Same thing for distilled spirits.  Some part of something used in making
the booze will have been imported or crossed state lines.  Even the bottles or
boxes you use to hold it.

What the 21st did is make all regulations about booze written after the 18
passed but before 21 passed moot.  Anything written after it passed is legal.
Things like serving to someone under 21 or not selling it on the Internet.  Read
clause 2 a little more carefully.  The laws banned are those made to support 18
but no others.  Was 18 even necessary to ban booze?  Probably not, but it made
the question moot.