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American Enforcement

Posted by Bob on May 23rd, 2006 under Bob


I was raised in the Bible Belt, where alcoholic beverages were strictly controlled, at least on the books.

When you were on the train, the club car where you could buy drinks opened and closed as you crossed state or even county lines.

This is because the 21st amendment, which repealed Prohibition, has a provision that the state has the right to restrict alcohol. Even interstate transportation was not exempted, so if you were on a train in a local option state where each county had its own liquor laws, the club car could only serve drinks as it passed through counties where liquor-by-the-drinks was legal.

I wonder about jet planes today. Legally the tray that serves drinks should be opened and closed by the minutes and seconds of the corners of counties you’re passing over.

Apparently there are limits to the silliness even of liquor laws.

But very few.

Until a couple of decades ago there were only two states left that had statewide prohibition, Oklahoma and Mississippi.

Oklahoma had a serious prohibition law. Mississippi’s was fascinatingly different.

It also satisfied all parties.

Mississippi had official statewide alcohol prohibition. This made the Baptists happy as a matter of principle.

But one aspect of American law that is so confusing to outsiders is the enforcement aspect. For example, the US Constitution requires that each state give full faith and credit to the laws of every other state, but they don’t. Many states have refused to extradite criminals to other states.

The problem is htat while “full faith and credit” is in the Constitution, Congress has never passed an enforcement provision. So while a state is supposed to recognize all the acts of antoher state, there is no penalty ifthey don’t.

So they don’t.

Many states don’t recognize the wasy Nevada divorce laws. So you can have two legal spouses. If you divorce in Nevada, North Carolina does not recognize the divorce. The Supreme Court in a landmark case recognized this peculiarity.

If you divorce in Nevada and remarry in Nevada and move to North Carolina you are still married to wife umber one, while in Nevada you are married to wife number two.

So Mississippi did hte same thing with its liquor law. There was statewide prohibition, but only the country sheriff could ENFORCE it.

In Biloxi a sheriff was regularly elected who enforced no liquor law at all. So the country was as wet as New Orleans in a dry state.

But the state needed to collect taxes on liquor. A state which was officially dry obviusly couldn’t have a liquor tax. So they had a Black Market Tax, which taxed illegal goods, ie, liquor, beer, wine, etc.

In other words, Mississippi was a dry state onthe books, which made Baptists happy as a matter of principle, and it was a local option state in practice.

I wish I had been on a train during that period in the the Magnolia State. I wonder how they hadnled it when they crossed country lines?

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  1. #1 by Elizabeth on 05/23/2006 - 3:26 pm

    Don’t forget S.C.’s strange liquor laws.

    Brownbagging, for instance.

    On the other hand, I’ve lived in one dry county as an
    adult. (It wasn’t in South Carolina.) If you wanted to
    buy alcohol, you had to go to the next county
    to get it, so there was a _giant_ liquor store
    at the county line.

    Of course, you ran the risk of getting nabbed on your
    way home with alcohol in your car trunk, but that was
    usually only a problem if someone you didn’t like saw
    you buying alcohol and stashing it in your car — and
    decided to call the sheriff about it….

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