humor me on this one-
i was in a discussion about another topic (gay marriage), and i came across this thought: how does the 18th amendment (prohibition) compare with the 2nd amendment?
let me explain my thoughts:
the 18th amendment made it illegal to buy, make or sell alcohol. (not necessarily consume, but we'll include that for argument's sake.) now, this applied to all the states AND territories of the USA. this amendment superseded all state laws that also provided for prohibition. with the 21st amendment, that repealed the 18th amendment, and thus made the prohibition amendment unconstitutional. however, in the 21st amendment, it didn't have any extra wording in it except to repeal the 18th amendment. and now i've been to towns that are "dry", and i've heard about cities where it's illegal to even consume alcohol. i can understand this, because there was no power written in the constitution prior to the 18th amendment or after the 21st amendment that said alcohol couldn't be prohibited. why is it that the 2nd amendment clearly states it can't be infringed, yet many of the 50 states violate it? the 18th amendment was a federal law that effected all of the USA, and each state was allowed to enforce it. the 2nd amendment has the "shall not be infringed" that the states all violate. is it simply because the 2nd doesn't specifically state that each state must honor this? is it really that easy?
help me out
i was in a discussion about another topic (gay marriage), and i came across this thought: how does the 18th amendment (prohibition) compare with the 2nd amendment?
let me explain my thoughts:
the 18th amendment made it illegal to buy, make or sell alcohol. (not necessarily consume, but we'll include that for argument's sake.) now, this applied to all the states AND territories of the USA. this amendment superseded all state laws that also provided for prohibition. with the 21st amendment, that repealed the 18th amendment, and thus made the prohibition amendment unconstitutional. however, in the 21st amendment, it didn't have any extra wording in it except to repeal the 18th amendment. and now i've been to towns that are "dry", and i've heard about cities where it's illegal to even consume alcohol. i can understand this, because there was no power written in the constitution prior to the 18th amendment or after the 21st amendment that said alcohol couldn't be prohibited. why is it that the 2nd amendment clearly states it can't be infringed, yet many of the 50 states violate it? the 18th amendment was a federal law that effected all of the USA, and each state was allowed to enforce it. the 2nd amendment has the "shall not be infringed" that the states all violate. is it simply because the 2nd doesn't specifically state that each state must honor this? is it really that easy?
help me out