Equal Before the Law
I am shocked that young people haven’t already stood up and
demanded their rights under the Fourteenth Amendment. Young citizens of the United
States of America fairly often take to the streets to demand something for
someone, but I don’t recall them demonstrating to demand their own rights. I
didn't even think about it when I was a young college student and drinker, but
having a minimum age for buying and using alcohol is a clear violation of the
Equal Protection clause of the Fourteenth Amendment to the U.S. Constitution:
"All persons born or
naturalized in the United States, and subject to the jurisdiction thereof, are
citizens of the United States and of the state wherein they reside. No state
shall make or enforce any law which shall abridge the privileges or immunities
of citizens of the United States; nor shall any state deprive any person of
life, liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws."
(My bold to emphasize the relevant parts)
If people of fifty years can legally use alcohol, then so
can anyone else who was born in or naturalized to the U.S.A. The concept is
quite simple.
I do not especially favor eight year olds getting ploughed,
but some could. If had gotten thoroughly inebriated, barfing, falling down,
etc., when I was eight, I wouldn't have done that again for a very long time,
if ever, and I think that the same would be true for most people, so I am not
concerned with creating alcoholics. But there are some people who would regain
consciousness and say to themselves: let's do that again, and such people will
become alcoholics, and they would regardless of what barriers might be put
between them and alcohol. Conversely, there are some people who would never
touch another drop. If restrictions are created to save a few, then the
majority might be harmed, and laws that benefit a few are also forbidden by the
Fourteenth Amendment.
Unfortunately, the states also violate the Fourteenth by not
allowing all citizens to vote. I can understand refusing to register anyone who
cannot state his or her name, but most people who are of school age are quite
capable of voting. Many twelve year olds are more qualified to vote than are
many forty year olds, but politicians are afraid of knowledgeable voters.
One dodge for the politicians would be to require that
people pass skill tests before they could vote, drive, or whatever. That dodge
might work, but it might not work for long, because there are good arguments
against it; arguments that might prevail in court.
Everyone should realize that making all ages equal would not
make anyone immune to laws against crimes against persons and against society
such as: drunk and disorderly, and age related sex crimes would not need to be
changed; it could still be presumed that anyone under fourteen years was
incapable of cooperating in sex acts.
If parents will be worried about their children drinking
when they are not present, then they should supervise their children's drinking
by serving them beer and wine at home and with meals.
Remember that the kind of beer that is commonly available
was developed for drinking or breakfast and for women and children. Showing
children that malt beverages and wine are beverages, rather than intoxicants
might make it less likely that the children will drink in great quantities in
other situations.
Some people are prone to abusing alcohol, and these people
will abuse it at any age and in any circumstances.
Perhaps the biggest impact of fully implementing the Fourteenth
would be to retailers, who would not longer have to check I.D.'s, and that is a
significant function in bars, music venues, and sports events. But that
wouldn't result in a drop in employment, because at least as many people would
be needed to serve the additional clientele, and more bouncers would be needed
to keep order with so many more people becoming inebriated.
Fully implementing the Fourteenth would also impact other
areas; for example, making all drugs legal and available over the counter would
be another area, and I am sure that readers will think of other matters that
will be loosened up when we fully implement the Fourteenth.
But I do find it strange that no college rabble rouser has
ever raised this issue and organized marches, petition drives and whatnot to
equalize treatment before the law. But demonstration are a drag, and besides
they may have been too high.
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