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Van Damme
10-19-2007, 02:32 PM
In the thread talking about giving contraception to middle school aged children I was thinking about the arbitrary ages our system has assigned to certain privileges and rights. Driving a car is a privilege, not a right, and our system has decided that at 16 you are old enough to have the privilege to drive. You attain full citizenship at 18 and can then serve in the military, be executed, by tobacco products, and vote. So heres my question. How is it possible for the government to grant one full citizenship at 18 but prohibit alcohol possession and consumption for three years after citizenship is attained?

I know the Federal Highway Act caused the drinking age to increase to 21 by threatening to withdraw federal highway funding from any state that did not raise its drinking age to 21. So how is it constitutional for states to deny alcohol consumption and possession to some of its individuals, discriminating based on age? Wouldn't this be declared unconstitutional?

btw, I'm in college right now and I can tell you that the 21 drinking age does very little to prohibit drinking at college campuses. It is a nuisance, nothing more.

murrayrothbard
10-19-2007, 02:35 PM
In the thread talking about giving contraception to middle school aged children I was thinking about the arbitrary ages our system has assigned to certain privileges and rights. Driving a car is a privilege, not a right, and our system has decided that at 16 you are old enough to have the privilege to drive. You attain full citizenship at 18 and can then serve in the military, be executed, by tobacco products, and vote. So heres my question. How is it possible for the government to grant one full citizenship at 18 but prohibit alcohol possession and consumption for three years after citizenship is attained?

I know the Federal Highway Act caused the drinking age to increase to 21 by threatening to withdraw federal highway funding from any state that did not raise its drinking age to 21. So how is it constitutional for states to deny alcohol consumption and possession to some of its individuals, discriminating based on age? Wouldn't this be declared unconstitutional?

btw, I'm in college right now and I can tell you that the 21 drinking age does very little to prohibit drinking at college campuses. It is a nuisance, nothing more.

It is done this way, becasue the government says so, and they have the most guns. :(

Wilkero
10-19-2007, 02:39 PM
You are correct that the federal government will withhold federal highway funds if states do not set the drinking age at 21. However, there is nothing that legally prevents the states from raising, lowering or setting no minimum drinking age. The Constitution does not directly address the matter, so it is a power reserved to the states. That is why the states can regulate it.

murrayrothbard
10-19-2007, 02:41 PM
Yeah, if anything the federal government funding highways is unconstitutional...

Wilkero
10-19-2007, 02:59 PM
In re-reading the original post, it occurred to me that Van Damme may have been asking why the power to regulate the drinking age is constitutional, rather than why the states have the power to regulate it. So, I'll try to answer why regulating the drinking age is not unconstitutional.

Basically, it comes down to the fact that the Constitution has not been construed in such a way as to make drinking alcohol one of our rights (like freedom of speech, press, etc.). As such, the states have the power to regulate the possession and use of alcohol, including making it illegal. (For a brief explanation of why it is a state power and not a federal power, see my previous post in this thread.) In fact, some counties in certain states are dry counties, and you cannot purchase any alcohol there.

I hope I am making sense.

Van Damme
10-19-2007, 03:06 PM
In re-reading the original post, it occurred to me that Van Damme may have been asking why the power to regulate the drinking age is constitutional, rather than why the states have the power to regulate it. So, I'll try to answer why regulating the drinking age is not unconstitutional.

Basically, it comes down to the fact that the Constitution has not been construed in such a way as to make drinking alcohol one of our rights (like freedom of speech, press, etc.). As such, the states have the power to regulate the possession and use of alcohol, including making it illegal. (For a brief explanation of why it is a state power and not a federal power, see my previous post in this thread.) In fact, some counties in certain states are dry counties, and you cannot purchase any alcohol there.

I hope I am making sense.

I was indeed asking if regulating the drinking age was Constitutional. I think your explanation was a good one

JosephTheLibertarian
10-19-2007, 03:07 PM
I don't think we should have a minimum drinking age.

Bradley in DC
10-19-2007, 03:08 PM
A FEDERAL drinking age would be unconstitutional. The states have that right under the Constitution. (but shouldn't do it anyway)

jgmaynard
10-19-2007, 04:26 PM
You wonder why some states don't get the cajones to say "We're lowering the drinking age, and if you cut off highway funds, we'll cut off sending transportation money to the feds."

Fair enough?

JM

Corydoras
10-19-2007, 04:33 PM
The difference in legal rights of people at different ages is a poorly explored area of law.

But distinctions based in age are in the very Constitution itself, as in the minimum ages for members of Congress and the President.

FrankRep
10-19-2007, 05:03 PM
The drinking age used to be 18.

Pete
10-19-2007, 05:16 PM
The drinking age used to be 18.

I remember! In Ohio, you could buy 3.2% alcohol content beer at 18. It wasn't a bad policy.

At the same time, the voting age was 21.

I'm good with drinking and voting age being the same as for military service. Our present policies are crafted by politicians and insurance companies.

Drinking age would be the province of state government, btw.

freedominnumbers
10-19-2007, 05:52 PM
You wonder why some states don't get the cajones to say "We're lowering the drinking age, and if you cut off highway funds, we'll cut off sending transportation money to the feds."

Fair enough?

JM

I pray every day that our state spontaneously stops sending funds to the feds and declares it's citizens free form the burden. We'd instantly get a 34% tax cut with no reduction in services.

It appalls me that our Governor/Legislature continues to think the Federal government is the best source for funding all it's many projects. One day I'd like to see a media campaign addressing the fleecing we take on our tax funded projects by sending the dollars through the Feds first.

werdd
10-19-2007, 05:55 PM
If 18 is old enough to go and die in war, then 18 is old enough to drink imo

TheEvilDetector
10-19-2007, 06:32 PM
If 18 is old enough to go and die in war, then 18 is old enough to drink imo

Well said.

:)