Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-11-23
BY REX COLLIER.
7 ULL1FIcArIoN, modification


i prohibition has taken prece-
dence over the weather as the
foremost topic of the man in the street.
it might not be inappropriate to plumb
the depths of the average gentleman's
knowledge of his country's most press
ing problem.
The man in the street or at the club
or on the golf links has no hesitancy
whatever in discussing the broad sub
ject of the weather, although he has
no conception Of fundamental details Of
the science of meteorology
AS a matter of fact he doesn't want
to tax his brain with consideration
of the technical phases of meteorology.
All that concerns him is the physical
manifestations of The weather-whether
it Is going to rain or shine for his
round of golf or motor drive of the
morrow. Down ir his heart he would
rather not be restricted in his eternally
springing hopes by the inflexible and
memorable facts of science.
So 1t is with the popular topic that
has succeeded to the conventional
throne long held by the weather.
The actual and indlsputable facts
underlying the Possibilities of nullifica-
ton, modification, repeal or enforce
ment Of prohibition seldom enter into
the discussions, 1;earranged or i'm
promptu, between average citizens"
what Citizen Wants to Know.
All the citizen SENS to care about is
whether it Is going to be wet or damp
or dry--and when. In the hySteria of
the moment, he pauses not to delve into
the legal aspects CT the problem. AS
with the weather, he probably would
prefer not to know too much about
neutrality-suspicious. If he hap
pens to be a wet, although the indiffer-
ence Is found to exist also among the
drys.
A knowledge of the basic facts re-
garding the fate o. prohibition might
prove embarrassing to many vets who
entertain an abiding hope Of early re-
peal or modification of the eighteenth
amendment or repeal or modification
OF the Volstead enforcement act.
BY the same reaS oning, such educa-
ton might prove a revelation to those
drys who grow hysterical at the bare
mention of repeal III any of its forms;
who fear they will awaken some morn
ing and find the eighteenth amendment
relegated to the realm of the dodo
DiSpasSionately, without touching
upon the merits OF arguments for or
against prohibition, what are the tech
nical chances of repeating or modifying
the prohibition amendment or the ma
tional enforcement act adopted there
under?
Discouraged Tampering.
Few persons take time to realize the
formidable character of the buttresses
which our forefatllers have thrown
around the Constitution. It was their
purpose to discourage inconsiderate
tamper1ng with that sacred document
They were broadnlinded enough to
know that time might reveal necessi-
ties for some changes in the Constitu-
ton, and they provided a means for
erecting additions through carefully
celebrated amendments.
An amendment either adding some
thing to or taking something away
from the Constitution, can be legally
proposed in but two ways: Congress,
voluntarily, may make the proposal by
two-thirdS vote Of its members: Con-
gress has no alternative but to call a
constitutional convention to consider
amending the Cons tuition If requested
70 do so by the Legislatures OF two
thirds of the States.
With an amendment thus proposed.
either by Congress or by a constitu-
tonal convention, It ESay not become
q part Of the Constitution until 1t has
been ratified by the legislatures of
three-fourths of the States or by con-
Ventions In three-fOurthb of the States.
What Are Possibilities?
What are the possibilities, then, of
repeating the eighteenth amendment?
constitutional lawyers seem agreed
that the processes Of repeal are identi-
cal with those Of enacting an amend
ment, namely, the proposal and ratifi-
cation OF an amendment of annullment.
To propose an amendment repeating
the eighteenth amendment. therefore,
would require, under the plan of con-
greSS1onal Initiative, a two-thirds vote
OF each House of Congress, or, under
the State initiative convention plan, q
memorial supported by 80 Of the State
Legislatures.
A two-thirds vote in Congress cannot
be measured in advance by numbers.
1t means a vote by two-thirds Of the
members OF each body present and
voting" at the time Of consideration Of
the proposal. The present Congress is
dry and the Congress which will begin
functioning q year from now also is
dry, although not quite 80 dry as that
now In existence.
Even the most optimistic of the vets
do not hope that CONFUSION over the
prohibition problem can arise in either
OF the Congresses as constituted such as
to provide the two-thirds vote In each
House prerequisite to a congressional
proposal for repeal of the dry amend
ment.
Other Plans Drawbacks.
The alternative convention plan has
serious drawbacks. even though there
were probability o. 80 States lining up
behind a repeal proposal. Authorities
on the Constitution doubt that a con-
stttutional convention could be limited
in its scope to consideration of the
prohibition amendment. In view of
this there has been little mention of
the convention plan by proponents of
repeal, since they themselves recognize
the dangers involved in throwing the
door open to general proposals for alter
ing the Constitution
Coming to ratification probabilities.
the Legislatures of SO States would
have to ratify the proposed amendment
before it could become part Of the
Constitution. That means that IS of
the States could thwart repeal Of the
eighteenth amendment, no matter how
insistent the other IS might be for
annullment or modification Of that
amendment.
The recent elections disclosed a wide
spread trend toward wetneSS. even in
heretofore dry strongholds. The trend
s not yet indicative of a Nation-w wide
80 revolution of the type that must
occur before 1t can be said that two
thirds Of the States are wet enough to
petition Congress for repeal or modi-
location convention proposals, or that
three-fourths Of them are sufficiently
wet to ratify such proposal.