What You Can Learn From Amendment XXI and Prohibition

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Mandeville, LA – Exclusive Audio and Transcript – Any one clause in the Constitution cannot clash with another.  They all have to be in harmony.  One does not cancel out another.  By an act of Congress, you just couldn’t say that prohibition is over, because it would clash with the amendment that’s on the books.  The only way to get rid of prohibition was to say that the amendment that made it legal is hereby not an amendment anymore.  In other words, you have to have an amendment to fix the amendment. Check out the rest in today’s audio and transcript…

 

Begin Mike Church Show Transcript

Mike:  I have a trivia question for our constitutional brain trust at the DC command center.  What is the constitutional history significance of today, December the 5th, 2012?

AG:  We are speechless.

Mike:  When you find out, you’re not going to be speechless.  When you find out, you’re going to be very happy.  Who can answer that question, 5 December 2012 has a constitutional significance?  Tweet me the answer.  Mr. Gruss, you’ve probably finished your Google search now.  Now do you know what it is?

AG:  Is it prohibition?

Mike:  Don’t say it.  Okay, the cat’s out of the bag.  Today is the 79th anniversary of repeal of Amendment XXI.  So XVIII brings prohibition in, XXI takes it out.  Today in New Orleans, the proprietor of the James B Beam distillery is in town doing a big celebration, a soiree of whiskey connoisseurs down in the French Quarter.  Guess where I will be this evening?  I hope to meet Booker Noe’s grandson tonight.  Anyway, today is the 79th anniversary of repeal of prohibition.  There is something to be learned here, ladies and gentlemen.  I bring it up not just because I am a whiskey connoisseur — please send bottles of Kentucky’s bourbon’s finest to the Studio D address as Christmas gifts, thank you very much.  I’ll be very happy to receive them.

By the by, speaking of Christmas gifts, we’re doing quite a bang-up business, and thank all of you very much in the Founders Tradin’ Post shipping [r]epublican cheer and education out to many hundreds if not thousands of folks this year.  Don’t forget there is a Merry Christmas from the Mike Church Show card there.  I’m going to send some out to some of you people anyway.  If you want the Christmas card, and if you’re doing business at the trading post and you’d like us to send a card signed by yours truly to whoever you’re gifting this to, that is available.

There is a constitutional lesson to be learned here.  Remember we always hear people yammering on about the supremacy clause, that if it’s in the Constitution it’s supreme law of the land, blah, blah, blah.  Of course, if you are listening to this program, you know that’s not true.  The only laws that are supreme are those that are made in pursuance thereof, meaning they carry out a justified, enumerated power that was actually granted to Congress in 1788 upon ratification.  That makes a law supreme.  Every law that Congress makes is not supreme.  You’ve been lied to your entire life if you believe that BS.

Likewise, any one clause in the Constitution cannot clash with another.  They all have to be in harmony.  One does not cancel out another.  By an act of Congress, you just couldn’t say that prohibition is over, because it would clash with the amendment that’s on the books.  The only way to get rid of prohibition was to say that the amendment that made it legal is hereby not an amendment anymore.  In other words, you have to have an amendment to fix the amendment.  This is why I tell people until there is an amendment that alters the second amendment, you worrying about the federal government coming and getting your guns, legally that should not and could not happen until there is an amendment that strikes out the tenth amendment, and there hasn’t been one.  Then all the powers that were reserved are just that, they’re reserved, which is why secession is totally legal, constitutional indeed.  That was part of the reason why the document was ratified to start with, because the states understood it was a voluntary compact.  You can learn something by reading the XXI Amendment today.

If no other host shall do it, I’ll be happy to be your rabbi today, Hebrew for teacher.  Amendment XXI, Section 1, the eighteenth article of amendment to the Constitution of the United States is hereby repealed.  Section 2: The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.  In other words, go back to the laws the states had on the books prior to prohibition. Section 3: This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution…within seven years from the date of the submission hereof to the States.  Folks, it didn’t take seven months for it to be ratified.  It was almost immediately ratified.  You can learn a little bit about the way the Constitution is supposed to work and the way it used to work by reading Amendment XVIII and then reading how it was repealed on this day in 1933.

End Mike Church Show Transcript