Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
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?
If you want to go by that logic, then why deny it to children? The Constitution simply says "any person" and children are "persons" and the Supreme Court has stated in more than one case that minors enjoy Constitutional rights. My guess would be the states would attempt to show that they have a "compelling state interest" in doing so. Constitutional rights are not "unlimited". They may be limited when the state shows it has a compelling legal reason for doing so.
It's not federal law but federal funding that drives the drinking age. Uncle Sam said "raise it to 21 or we cut off the highway funding".
Extortion is a good term.
Yep. They did that with the 55 MPH speed limit too. My thinking is that states should have a right to set their own age limits for alcohol sales BUT... the Federal Government would have the right to BAN one state from serving residents of another state with a higher age. So here in Nevada, it has always been 21. Arizona can adopt 18 BUT the Federal has the right to tell Arizona "you may serve your own residents and residents of other states where the age is 18 but you may NOT serve residents of states where it is 21.
Sometimes 15 and 16 year olds are tried in court as adults. Considering that new research indicates that the teenage brain is not completely hard wired yet for rational thought and impulse control I think that will eventually change. Of course, many teenage criminals deserve whatever they get.
Then again telling an 18 year old they can be drafted but can't order an alcoholic beverage never seemed fair or logical. I think 21 is a good all around age for full responsibilities as an adult and the benefits thereof.
If you want to go by that logic, then why deny it to children? The Constitution simply says "any person" and children are "persons" and the Supreme Court has stated in more than one case that minors enjoy Constitutional rights. My guess would be the states would attempt to show that they have a "compelling state interest" in doing so. Constitutional rights are not "unlimited". They may be limited when the state shows it has a compelling legal reason for doing so.
That is not really correct since you are getting the levels of scrutiny confused.
Sometimes 15 and 16 year olds are tried in court as adults. Considering that new research indicates that the teenage brain is not completely hard wired yet for rational thought and impulse control I think that will eventually change. Of course, many teenage criminals deserve whatever they get.
Then again telling an 18 year old they can be drafted but can't order an alcoholic beverage never seemed fair or logical. I think 21 is a good all around age for full responsibilities as an adult and the benefits thereof.
15 and 16 year olds may not be "mature" in many ways but they know right vs wrong. They know "murder is wrong" and should be tried as adults when they do violent crimes. Other crimes I might given them some degree of mercy on.
I think the current law is too restrictive. It's crazy that a 20yo can't legally drink wine or champagne at a family event.
Since driving while drunk is the main concern, perhaps the legal limit for blood alcohol levels should be lowered for people under a certain age. To ban drinking entirely is overkill.
A 20 year old can drink at a family event in almost every state so long as a parent or spouse age 21 is present.
Under what circumstances can a person under 21 years old drink alcoholic beverages?
ANSWER:
If the person consumes the alcohol ‘in the presence’ of their parent, legal guardian, or a spouse who is over 21 years old,
If the alcohol consumption is part of a recognized religious service, or
The alcohol is prescribed for medical treatment by a doctor.
We used to be able to drink at 18 but not liquor they had 3.2 % beer...made us feel mature rub elbows with those 21 year old cougars at the discos...growl.
In many states you can still go to the discos, clubs or bars when you are 18. You just cannot be served alcohol there.
I don't think Strict scrutiny is correct here. To the best of my knowledge people under 21 are not a suspect class, and drinking booze is not a fundamental right.
I agree with you. I was simply playing along with the other poster's logic.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
