constitutional-law us-constitution alcohol
Does the US Government have the constitutional authority to ban alcohol?
<p>This is something that has always confused me. In 1919 the US Constitution was <a href="https://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_United_States_Constitution" rel="noreferrer">amended to ban alcohol</a>. That amendment was <a href="https://en.wikipedia.org/wiki/Repeal_of_Prohibition_in_the_United_States" rel="noreferrer">repealed in 1933</a>. Then in 1970 an <a href="https://en.wikipedia.org/wiki/Controlled_Substances_Act" rel="noreferrer">act of Congress</a> banned a large number of drugs, without a constitutional amendment. Numerous subsequent acts have added additional substances to the list.</p>

<p>Was a constitutional amendment actually necessary for the federal government to ban alcohol?</p>

<p>If so: Why was one unnecessary to ban and control hundreds of other substances, fifty years later?</p>

<p>If not: Why was a constitutional amendment used in 1919 instead of an ordinary law?</p>

<p>It is quite likely that a constitutional amendment was (and is) not needed to ban alcohol. For example, if the Controlled Substances Act is constitutional (and I have no reason to believe it isn't) then alcohol could be added to it tomorrow <strong>and it could be removed the day after tomorrow</strong>.</p>

<p>Right there is the reason that you choose to use a constitutional amendment - it is as hard to reverse as it was to enact; it needs <em>another</em> constitutional ammendment.</p>

<p>A complete ban on alcohol by the federal government would most likely be held unenforceable. Congress's arguably strongest power to regulate is through the commerce clause.</p>

<p>The commerce clause as reinterpreted in United States v. Lopez, requires the regulated act to substantially affect or relate to interstate commerce. As long as a state permits alcohol to be made in the state and the alcohol never leaves the state, one can argue there is no substantial effect.</p>

<p>In that case congress would have no authority to regulate alcohol.</p>

<p>Also there is the case of the 18th amendment and it subsequent repeal. This suggests that congress did not have the power to ban alcohol prior to the 18th amendment. Most likely a blanket alcohol ban will not be found constitutional, a ban of alcohol being imported internationally or between states will most likely be found constitutional.</p>
