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Old 01-08-2013, 11:22 PM   #11
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Whoa, so we only have a month and 5 people signed.... Spread tha word.....

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Old 01-08-2013, 11:27 PM   #12
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The reason that this would not work very well is that the 21st amendment that ended prohibition allows the states to regulate alcohol.

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Old 01-08-2013, 11:31 PM   #13
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Jimmy Carter approves of your petitions.

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Old 01-08-2013, 11:47 PM   #14
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Quote:
Originally Posted by Waynep005 View Post
The reason that this would not work very well is that the 21st amendment that ended prohibition allows the states to regulate alcohol.
False otherwise states could serve people under 21 if they chose to. Pass a law and if a state doesn't follow it cut their funding.
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Old 01-09-2013, 12:47 AM   #15
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Section 2. of the 21st Amendment; "The transportation or importation into any State, Territory, or possession of the United States for delivery or use there in of intoxicating liquors, in violation of the laws thereof, is hereby prohibited."

There have been a few major court decisions concerning States and their obligations under the 21st Amendment. All have agreed that although Prohibition is over, each State has the right to control importation, manufacture, sale and consumption of alcohol on an individual basis..

IANAL but if one is out there maybe this could be cleared up.

bosco

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Old 01-09-2013, 01:00 AM   #16
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Because that's how the federal statute is written, in South Dakota vs. Dole they sided that the federal government was fine with cutting funding because the 21st Amendment they ruled.

"Even if Congress, in view of the Twenty-first Amendment, might lack the power to impose directly a national minimum drinking age (a question not decided here), 158's indirect encouragement of state action to obtain uniformity in the States' drinking ages is a valid use of the spending power"

So as I said if they passed a law and cut funding to states who didn't oblige (think National Speed Limit

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Old 01-09-2013, 01:37 AM   #17
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States can let people under 21 drink they just loose all highway funds. It is blackmail not supremacy of federal law. That said the result is the same.

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Old 01-09-2013, 01:42 AM   #18
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Check out openthetaps.org they have been trying to get that law changes I encourage every Texan to visit that site and sign up.

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Old 01-09-2013, 01:47 AM   #19
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Right. Supremacy Clause only applies when federal and state laws directly conflict in an area the federal government can legislate. But under the interstate commerce clause, the federal government could arguably pass the law the OP is attempting to draw attention to. Not that I think they would. This is traditionally a state issue, and I'm not sure there is enough of a national constituency to make it happen federally. IMO, if change is to occur, it's state by state.

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Old 01-09-2013, 01:51 AM   #20
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There's a brewpub here in San Antonio called Freetail and the founder is petitioning the Texas legislature right now I believe. He's been involved in trying to get legislation passed here in Texas and he just posted a picture of the inside of the Texas capitol building. I'm not sure of how it went last time the legislation was being voted on, but maybe now is a good time to write letters or petition on a state level.

Anywho, as a fellow Texan, I appreciate you creating this petition and making an effort to get these outdated laws changed and I will be signing your petition.
Cheers brother!

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