Re:U.S. Supreme Court deems half of Oklahoma a Native Americ...
by mbreese on Thursday July 09, 2020 @05:16PM
(#23785324)
That is a far more well thought out argument than mine.
> But to maintain the status quo in perpetuity, locking in Temperance Movement reforms without defectors slowly eating them away, a national law was desirable.
But overall yes — this what what I was referring to. Even if I wasn’t clear on the state vs federal level, the overall argument that I’ve seen is that the proponents of prohibition wanted to increase the difficulty of rolling back prohibition. And if alcohol was banned through legislation, it would just take a single election (state or federal, depending on the law) to change things back.
Perhaps the line of reasoning you're alluding to is that, at the time, state and local prohibition laws were already so common that the Prohibition Amendment shouldn't have changed the effective legality of alcohol consumption for most Americans. But to maintain the status quo in perpetuity, locking in Temperance Movement reforms without defectors slowly eating them away, a national law was desirable.
[1] I'm still looking for the citation, but IIRC the reasoning was that the court wouldn't interpret the amendment to reach private, non-commercial activity unless it was explicit on that point; it wasn't just a cop-out textualist dance with the word "manufacture".