Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1920-06-10
National Prohibition Laws
Upheld By Supreme Court.
Decision Practically Unanimous
On Chief Issues.

In a sweeping decision covering both
the 18th Amendment and the Volstead
Enforcement Act the United States Su-
preme Court on Monday. June 7th, de-
clared both of these Legislative enact
ments constitutional.
The summary of the decision follows:
l. The adoption by both houses of Con-
gress, each by tw, third vote, OF
joint resolution proposing an amendment
to the Constitution suffi ,iently shows
that the proposal was deemed necessary
by all who voted for it. An,express dec
laration that they regarded it as neces-
sary is not essential. None of the reso-
lutions whereby prior amendments were
proposed contained such de 'laration.
2. The two-thirds vote in each house,
which is required in proposing an amend
ment, is a voteo two thirds of the men,
bers present, assuming the presence of a
quorum, and not vote of two-thirds of
the entire membership, present and alb
sent.
8. The referendum provisions of State
constitutions and statutes cannot be APP
piled consistently with the Constitution
of the United States in the ratification
or rejection of amendments to it.
4. The prohibition of the manufacture
sale, transportation, importation and ex-
portation of intoxicating liquors for bev-
erage purposes, as embodied in the 18th
Amendment, is within the power to
amend reserved by Article of the Con-
stitution.
5. That amendment by lawful prop osal
and ratification has become part of the
Constitution and must be respected and
given effect the same as other provisions
Of that instrument.
g. The first section of the amendment
the one embodying the prohibition-is
oper alive throughout the entire terrific
rial limits of the United States, binds all
active bodies, courts, public officers and
individuals within those limits and of its
own force invalidates every legislative
act-whether by Congress, by State
Legislature or by territorial assembly
section prohibits.
Z. The second section of the amend
ment-the one declaring 1.-THE Congress
and the several States shall have concur
rent power to force this article by ap-
propriate Legislation" not enable
Congress or the several States to defeat
or thwart prohibition, but only to en-
force it by appropriate means.
8. The words concurrent powers"
in that section do not mean joint power
or require that legisla ton Hereunder by
Congress, to be effective, shall be ap-
proved or sanctioned by the several States
along the lines which separate or distin-
gush foreign and interstate commerce
instrastate affairs.
g. The powers confided to Congress
by that section, while not exclusive. is
territorial co-extensive with the prohibit
bition of the first section, embraces man
ufacture and other int rastate transac-
tions as well as importa ton, expectation
and interstate traffic, and is no wise de-
pendent on or affected by action or in
action on the part of the several States
or any them.
10. That power may be exerted again
st the disposal for beverage purposes of
liquors manufactured before the amend
ment became effective, just as it may be
against subsequent manufacture for these
purposes. In either it is a constitutional
mandate on prohibition that is being en-
forced.
IL. While recognizing that there are
limits beyond which Congress cannot go
in treating beverages as within its power
of enforcement, We think those limits
are not transcribed by the prohibition
of the Volstead act, wherein liquors con-
tanning as much as one-half of per cent
of alcohol by volumn and fit for use for
beverage purposes are treated as within
that power.