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The fourteenth Amendment to the US Constitution says, amongst other things:
"No State shall... deny to any person within its jurisdiction the equal protection of the laws."
This means we can't have laws that apply to whites but not blacks, women, but not men, 40 year-olds, but not 30 year-olds, etc.
Children have always been treated differently under the law, as is reasonable and frankly, necessary. Legal adulthood has been decided to be 18 years of age. It's an arbitrary distinction, we could have chosen 17, or 19, but a choice had to be made and 18 it is.
So, my question is this. If 18 year-olds are legally adults, how can we restrict their ability to purchase alcohol without violating the equal protection clause?
The fourteenth Amendment to the US Constitution says, amongst other things:
"No State shall... deny to any person within its jurisdiction the equal protection of the laws."
This means we can't have laws that apply to whites but not blacks, women, but not men, 40 year-olds, but not 30 year-olds, etc.
Children have always been treated differently under the law, as is reasonable and frankly, necessary. Legal adulthood has been decided to be 18 years of age. It's an arbitrary distinction, we could have chosen 17, or 19, but a choice had to be made and 18 it is.
So, my question is this. If 18 year-olds are legally adults, how can we restrict their ability to purchase alcohol without violating the equal protection clause?
"The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited." Section 2. 21st amendment to the United States constitution.
States can set their own standard, as provided by the 21st amendment which repealed prohibition outright.
That means, if a state wanted to outlaw it, or if a state wants to regulate the drinking age at 21, its their right, under the constitution to do so.
That means, if a state wanted to outlaw it, or if a state wants to regulate the drinking age at 21, its their right, under the constitution to do so.
Agreed that if a state wanted to ban it outright for everyone, they could. But they could not, for example, ban it for blacks but allow whites. Why isn't it the same for a 20 year old, who by all other legal measures is a full adult?
Agreed that if a state wanted to ban it outright for everyone, they could. But they could not, for example, ban it for blacks but allow whites. Why isn't it the same for a 20 year old, who by all other legal measures is a full adult?
The states can regulate the age of anyone who is allowed to take anything.
Thats because everyone, regardless of race, religion, whatever, ages at the same rate, year, after year.
Agreed that if a state wanted to ban it outright for everyone, they could. But they could not, for example, ban it for blacks but allow whites. Why isn't it the same for a 20 year old, who by all other legal measures is a full adult?
A 20 year old is not by all other legal measures a full adult. Look at gambling laws, gun laws, estate laws, laws relating to running for certain public offices, etc.
In some states, the age where a person who commits a crime is treated an adult is 17 and, in a few, the age is 16. In most states, 16-year-olds can get driver's licenses.
Furthermore, the equal protection clause doesn't only apply to adults, however the equal protection clause allows states to treat different classes of people differently under the law if there is a compelling state interest. Age restrictions set at 21 are no different from age restrictions set at 18, as long as there is a compelling state interest.
All age restrictions are arbitrary and there's no reason they all have to be set at the exact same age.
Just like with the seat belts laws...the Gov't threatened state's highway funding...the insurance lobby owned a bunch of politicians at the time.
It actually makes good sense to keep the drinking age at 21.
As science has progressed we understand that the brain is in full development from birth to around age 25. 21 is as low as it should be.
I am not in favor of making drugs, be it alcohol, nicotine, marijuana, whatever illegal. But regulating it so that it causes the least damage to the population in general is perfectly within the bounds of the states to do.
We should do as little tampering with 18 year old brain chemistry as is humanly possible. After the age of 21 the effects of tampering with brain chemicals is greatly reduced.
25 it shows little to no effect for many drugs, including Ethanol and THC.
Location: Democratic Peoples Republic of Redneckistan
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Quote:
Originally Posted by Memphis1979
It actually makes good sense to keep the drinking age at 21.
As science has progressed we understand that the brain is in full development from birth to around age 25. 21 is as low as it should be.
I am not in favor of making drugs, be it alcohol, nicotine, marijuana, whatever illegal. But regulating it so that it causes the least damage to the population in general is perfectly within the bounds of the states to do.
We should do as little tampering with 18 year old brain chemistry as is humanly possible. After the age of 21 the effects of tampering with brain chemicals is greatly reduced.
25 it shows little to no effect for many drugs, including Ethanol and THC.
I agree with you...the state I was living in when I turned 18 (Wy) allowed the sale of beer and wine to 19 yo,but they never carded us...I was out of control for awhile and after 21 it just didn't seem to be a big deal any longer.
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Just like with the seat belts laws...the Gov't threatened state's highway funding...the insurance lobby owned a bunch of politicians at the time.
