Friday, May 15, 2020

Prohibition Of The Fourteenth Amendment Essay - 1838 Words

Introduction: 21st Amendment Following the passage of the 18th Amendment in 1919, which outlawed the manufacturing, distribution, and sale of alcohol, the United States entered a period of time now known as Prohibition (U.S. Const. amend. XVIII). Immediately following the passage of the 18th Amendment, consumption of alcohol, alcohol related injuries, and crime decreased (Schaeffer, 2011, p. 402). However, it did not take long for the government to realize that Prohibition came with many unintended consequences. According to Schaeffer (2011), state and local governments were ill-prepared to handle the vast responsibilities of enforcing the law, which led to increased organized crime, corruption, and the failure of the law as a whole. 73% of Americans favored the repeal of the 18th Amendment â€Å"in its entirety† by the time the 21st Amendment was passed (Schaeffer, 2011, p. 408). The 21st Amendment was finally ratified in 1933 effectively ending prohibition. Aside from repeal ing the 18th Amendment, it also granted the states the right to regulate alcohol within their own borders and set a time limit for ratification of the law (U.S. Const. amend. XXI). Overall, this amendment decreased the powers of the federal government by delegating the authority over alcohol to the states. In relation to the 21st Amendment, it shows several important aspects of public administration. First, it highlights some of the public values that are integral to being an American citizen. AccordingShow MoreRelatedThe Fourteenth Amendment And The Prohibition Of Intoxicating Liquors Within The United States1220 Words   |  5 PagesThe 18th Amendment states: â€Å"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 the territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Section 3. This article shallRead MoreThe Case Plessy V Ferguson Essay1726 Words   |  7 Pagesstate police powers with regard to the state’s tradition, usage, and custom. Plessy, thus filed a petition against Justice Ferguson for writs of prohibition and certiorari in the Louisiana Supreme Court on the grounds that segregation denounced the black Americans and as such allowed for inferiority against violation of the Fourteenth and Thirteenth amendments. A certiorari was thus granted. The issue before the court was whether the state was constitutionally allowed to legislate on the use of separateRead MoreThe Obscenity Ordinance Barred The Sale Of Any Device853 Words   |  4 Pagesfederal district court granted the motion for permanent injunctive relief, reasoning that the statute violated the substantive Due Process Clause of the Fourteenth Amendment. It is not inappropriate to try to extend constitutional right to privacy to incorporate the right to use sexual devices in lawful, private sexual activity. Proof that Prohibition is prohibited The United States Court of Appeals for the Eleventh Circuit held in Williams v. Attorney General of Alabama that there is no essential substantiveRead MoreThe United States Constitution And The Criminal Justice System1231 Words   |  5 Pagessmoother and make sure they are being treated fairly. I will cover the impact of the United States Constitution for the offender in the criminal justice system. This will include the fourth, fifth, sixth, eighth, and fourteenth amendments as well as due process for offenders. The fourth amendment is, â€Å"The portion of the Bill of Rights that generally requires warrants for searches and seizures but has been construed to permit warrantless arrests in most situations.† (Ingram, 2009, P.500) This includes stop-and-friskRead MoreLoving V. Virginia, Introduction, Facts, Legal Background1567 Words   |  7 PagesLoving v. Virginia Interracial marriage: Respecting the Equal Protection and Due Process Clauses of the Fourteenth Amendment. I. INTRODUCTION This case note will examine the 1967 landmark Supreme Court case of Loving v. Virginia. The Loving v. Virginia case touched on constitutional principles including equality, federalism, and liberty. Just over 30 years ago, it was a crime for interracial couples in Virginia to marry, or to live as husband and wife. Prior to the 1967 case of Loving v. VirginiaRead MoreThe Importance Of Reproductive Rights834 Words   |  4 Pagesright of privacy extended to more topics granting women more rights through various historic Supreme Court cases. The right of privacy can be found through the Fourth Amendment of the United States Constitution that guarantees citizens the right to be free from unsolicited searches and seizures. A direct quote of the Fourth Amendment follows, â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and noRead MoreThe, Anti Evolution And The State Of Arkansas87 0 Words   |  4 PagesConstitutional legitimacy of the State’s â€Å"Anti-evolution† law. The â€Å"Anti-evolution† law made it illegal for any teacher in a state supported school to teach evolution or to use a book, which included the theory. Ms. Epperson believed the State’s prohibition of teaching evolution violated her Constitutional rights and thus initiated legal action in the courts. While the main facts of the case are those stated above, there are several other peripheral facts that are significant in this case. One ofRead MoreAnalysis Of Miller s Miller V Alabama 1180 Words   |  5 Pages2015, p. 1002). Miller was charged and convicted of capital murder in the course of arson. He was given a mandatory sentence of life without parole. Miller’s attorney filed a motion with the court stipulating that his client’s Eighth and Fourteenth Amendments had been violated. The Circuit Court denied the request for a new trial. An additional motion was filed with the Alabama Court of Criminal Appeals challenging both the constitutionality of sentencing a 14-year old to life without parole andRead MoreA Report on Due Process Rights645 Words   |  3 Pagesï » ¿Due Process (APA) Due Process (Order A2094009) There are two separate amendments in the U.S. Constitution that mention the due process rights every American possesses: the Fifth and the Fourteenth. The Fifth Amendment guarantees that no person shall be deprived of life, liberty, or property without due process of law. (U.S. Constitution.) But this original amendment only applied to the federal government and had no authority over the individual states. However, in the aftermath of the CivilRead MoreLawrence V. Texas Essay1314 Words   |  6 Pages558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and le d to invalidation

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