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. Today marks the anniversary of the landmark Olmstead v. United States wiretapping case decided by the Supreme Court, which had a…. 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.
The 18th Amendment , ratified in and with an effective date of January 17, , declared with minor exceptions the production, transport, and sale of alcohol to be illegal. Prohibition was a disaster, leading to more organized crime as well as poisoning from crudely distilled alcohol.
By , the "wets" secured ratification of the 21st Amendment, repealing the 18th Amendment, but also establishing the power of states to regulate the importation and possession of intoxicating liquors within their own borders. It is the meaning of Section 2, recognizing state authority to regulate alcohol that has been the subject of a series of rather inconsistent Supreme Court decisions. Under a maximalist theory of Section 2, states have complete authority to regulate alcohol in their own borders, even in ways that would otherwise be inconsistent with other provisions of the Constitution including the Commerce Claue, the Equal Protection Clause, and the First Amendment.
Under the minimalist theory, however, the 21st Amendment gives the states to regulate the importation of alcohol but not in ways the violate other previously enforceable provisions of the Constitution.
The Courts first look at the 21st Amendment, in State Board of Equalization v Youn , resulted in a fairly maximalist interpretation of state powers.
The Court recognized that in the absence of the 21st Amendment, the law would have been a clear violation of the Commerce Clause.
In LaRue v California , the Court considered another California law, this one that denied liquor licenses to establishments in which persons performed acts "simulating sexual intercourse, masturbation, beastiality, oral copulation, Because nude dancing is not "obscene" under Supreme Court decisions, and in fact was suggested to have a degree of First Amendment protection, the state relied on its 21st Amendment power to regulate alcohol sales, assuming that the lewd activities in question might not be otherwise within its power to prohibit.
Lauderdale Naval Air Station in Florida on a routine three-hour training mission. Flight 19 was scheduled to take them due east for miles, north for 73 miles, and then back over a The ship was seaworthy, its stores and supplies were untouched, but not a soul was The first Medal of Honor awarded to a U.
Roger Donlon of Saugerties, New York, for his heroic action earlier in the year. On December 5, , the legendary television producer and executive Roone Arledge dies in New York City, at the age of The movie marked the first major starring role for Murphy, who went on to become one of the top-grossing actors in Hollywood. Murphy was Sign up now to learn about This Day in History straight from your inbox.
A fire at the Brooklyn Theater in New York kills nearly people and injures hundreds more on December 5, Some victims perished from a combination of burns and smoke inhalation; others were trampled to death in the general panic that ensued.
The play The Two Orphans Bridget Landregan is found beaten and strangled to death in the Boston suburb of Dorchester. According to witnesses, a man in black clothes and a flowing cape attempted to sexually assault the dead girl before running away. In , a man fitting the same description clubbed
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