|
January 18, 2007
Why I love the 18th Amendment
No, really. I know that some readers (especially those who've read the 18th Amendment) might be startled by the title of this post, because I make no secret of my opposition to Prohibition, and let's face it, the 18th Amendment was all about Prohibition. Here's the text: Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.My reaction? I think the above is incredibly cool! So cool, in fact, that the more I think about it, the more I feel like starting the Eighteenth Amendment Society. Such a thing has been mentioned, but only as a sarcastic reference. Well I'm serious, damn it! Now why on earth would I say that? How could I, an avowed libertarian, admire any restriction on American freedom? Lest anyone imagine I've had a change of heart, I am as resolutely opposed to government prohibition of substances as ever. The reason I love the 18th Amendment is not because it prohibits alcohol, but because by its existence, it's the telltale amendment. Even though it's been repealed, the fact of its existence lets us in on a dirty secret: The Constitution once meant what it said. (You know, the old, outmoded stuff like "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people.") At least, the Constitution still meant what it said on on January 16, 1919 -- the date the 18th Amendment was ratified. (Alas, I missed its glorious anniversary! I was so busy enjoying Martin Luther King's birthday the day before that I just plumb forgot.) HAPPY 88TH ANNIVERSARY TO THE GLORIOUS 18TH AMENDMENT! Today, if the people who think they're running the United States according to the Constitution wanted to enact prohibition of alcohol, they wouldn't need no stinkin' amendment. They'd simply tack on the magic words -- "in or affecting interstate commerce." The manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes, in or affecting interstate commerce, is hereby prohibited.I find myself wondering how many of the shrinking minority of American students who still learn civics have ever read the 18th Amendment. How many citizens know that the Constitution was once considered important enough that in order to be disregarded, it had to be amended? That's the real message of the 18th Amendment. Or am I advocating "Originalism"? (I hate to sound cynical, but right now, the 18th Amendment looks very much like a "noble experiment" after all.) MORE: Ilya Somin has an interesting analysis of Originalism, and touches on the amendment process: To my mind, the biggest problem may be the fact that the US Constitution is so hard to amend through the formal amendment process that there is a real danger that we could be stuck with an original meaning that, although highly beneficial in its time, is dysfunctional today. A weaker objection is the fact that much of the Constitution was not ratified by as broad a supermajority as the McGinnis-Rappaport theory assumes. For example, as Bruce Ackerman has shown in a series of books, the crucial Reconstruction amendments were only ratified by the necessary three quarters of the states because several southern states were essentially coerced into ratifying by the federal government. For these and other reasons, I am not convinced that originalism should be the sole and exclusive method of constitutional interpretation. However, McGinnis and Rappaport's argument - along with similar ones by other scholars - does persuade me that there should at least be a strong presumption in favor of textualism and originalism that should be overridden only in very exceptional cases.The Telltale Eighteenth Amendment is, I think, a perfect example of how the process was meant to function. If enough people think there's a problem that the federal government lacks the power to solve, and the Constitution stands in the way, amend it. Maybe this should be called Amendmentism. posted by Eric on 01.18.07 at 11:51 AM |
|
March 2007
WORLD-WIDE CALENDAR
Search the Site
E-mail
Classics To Go
Archives
March 2007
February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 March 2004 February 2004 January 2004 December 2003 November 2003 October 2003 September 2003 August 2003 July 2003 June 2003 May 2003 May 2002 See more archives here Old (Blogspot) archives
Recent Entries
War For Profit
How trying to prevent genocide becomes genocide I Have Not Yet Begun To Fight Wind Boom Isaiah Washington, victim Hippie Shirts A cunning exercise in liberation linguistics? Sometimes unprincipled demagogues are better than principled activists PETA agrees -- with me! The high pitched squeal of small carbon footprints
Links
Site Credits
|
|