Clarkson Integrator

Issue date: 11/19/07 Section: Opinion

Recently, there has been growing sentiment among teenagers and adults alike that the drinking age should be lowered back down to 18. Most of our parents were young when this was the case, and many individuals believe that this is not a bad idea. The National Minimum Drinking Age Act of 1984 reduced the drinking age from 21 to 18, and, contrary to popular belief, does not prohibit drinking by persons under the age of 21. The act prohibits the purchase or public possession of alcoholic beverages by persons under the age of 21. This common misconception actually makes a big difference in the end. However, most states have interpreted the federal legislation to mean that people under 21 cannot drink, and many state laws are structured like this.



A few states have circumvented this by passing "internal possession" legislation. That is, a drunk person under the age of 21, who internally possesses alcohol in their body, can be arrested and charged with public possession provision.



The widespread belief that drinking is illegal for people under 21 has had many beneficial effects on the country. The younger a person starts drinking, the greater the chance that they will develop alcohol abuse problems later in life. Also, since the inception of zero-tolerance policies regarding underage drinking and driving, fatal alcohol-related crashes have reduced dramatically, and experts suggest that tens of thousands of young live have been saved. Lowering the drinking age would also increase the risks that binge drinking pose to youths.



I am sure you have all heard this stuff before, so let's move away from the fact-based argument and try a different approach. Because of the fact that consumption is not explicitly prohibited by the Act of 1984, and possession and purchase is, the act cannot be construed as unconstitutional. Congress was well within the provisions of the Constitution to control commerce by enacting this law. State governments, however, have more latitude in controlling the behavior of their citizens because of their police powers, and can therefore prohibit activity that can be construed to harm the public in any way. Undoubtedly, people under the age of 21 mixing alcohol with little driving experience was costing the states hundreds of thousands of dollars, not to mention the health effects of underage drinking on the general population. Using this justification, most states have a sound basis for regulating the legal age for purchase, possession, or consumption of alcohol to be 21.

Continued...

Page 1 of 2 next >

Article Tools