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View Diary: Why Obama: To fight for progressive values (128 comments)

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  •  I was wondering more about the drinking age. (1+ / 0-)
    Recommended by:
    divineorder

    Seems to me that back in the day the Feds threatened to hold up highway money unless the states (or at least Ohio) bumped their base legal drinking age to 21 from 18.

    I don't know if (or when ) similar approaches might have been taken with the change from .10 to .08 as the legal BAC limit.

    Iraq, Iran, Issa. Nope - nothing to see here. Move along now.

    by here4tehbeer on Sun Jul 01, 2012 at 09:30:11 AM PDT

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    •  South Dakota v. Dole (3+ / 0-)
      Recommended by:
      ozsea1, here4tehbeer, DarkestHour

      Majority opinion written by Roberts' mentor, then-Chief Justice Rehnquist.

      http://supreme.justia.com/...

      When we consider, for a moment, that all South Dakota would lose if she adheres to her chosen course as to a suitable minimum drinking age is 5% of the funds otherwise obtainable under specified highway grant programs, the argument as to coercion is shown to be more rhetoric than fact. . . .

      Here Congress has offered relatively mild encouragement to the States to enact higher minimum drinking ages than they would otherwise choose. But the enactment of such laws remains the prerogative of the States not merely in theory, but in fact. Even if Congress might lack the power to impose a national minimum drinking age directly, we conclude that encouragement to state action found in § 158 is a valid use of the spending power.

      Please help to fight hunger with a donation to Feeding America.

      by MJB on Sun Jul 01, 2012 at 10:20:15 AM PDT

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      •  Very interesting. I thought at the time it was a (0+ / 0-)

        much larger "penalty" - and certainly those in opposition would have made it sound that way.  I recall the push to raise the age from a DUI standpoint, but hadn't really thought about it like this:

        indirect encouragement of state action to obtain uniformity in the States' drinking ages is a valid use of the spending power.
        I guess that was for the Concealed Flask crowd :)

        Thanks for the link!

        Remember, all they want to do is get Romney into office and put a pen in his hand.

        by here4tehbeer on Sun Jul 01, 2012 at 11:20:13 AM PDT

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