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Prohibition, the Constitution, and States' Rights (Paperback)
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Prohibition, the Constitution, and States' Rights (Paperback)
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Colorado's legalization of marijuana spurred intense debate about
the extent to which the Constitution preempts state-enacted laws
and statutes. Colorado's legal cannabis program generated a strange
scenario in which many politicians, including many who freely
invoke the Tenth Amendment, seemed to be attacking the progressive
state for asserting states' rights. Unusual as this may seem, this
has happened before--in the early part of the twentieth century, as
America concluded a decades-long struggle over the suppression of
alcohol during Prohibition. Sean Beienburg recovers a largely
forgotten constitutional debate, revealing how Prohibition became a
battlefield on which skirmishes of American political development,
including the debate over federalism and states' rights, were
fought. Beienburg focuses on the massive extension of federal
authority involved in Prohibition and the passage of the Eighteenth
Amendment, describing the roles and reactions of not just Congress,
the presidents, and the Supreme Court but political actors
throughout the states, who jockeyed with one another to claim
fidelity to the Tenth Amendment while reviling nationalism and
nullification alike. The most comprehensive treatment of the
constitutional debate over Prohibition to date, the book concludes
with a discussion of the parallels and differences between
Prohibition in the 1920s and debates about the legalization of
marijuana today.
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