[Congressional Record Volume 154, Number 74 (Tuesday, May 6, 2008)]
[Senate]
[Pages S3801-S3802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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 SENATE RESOLUTION 551--CELEBRATING 75 YEARS OF SUCCESSFUL STATE-BASED 
                           ALCOHOL REGULATION

  Mr. BAUCUS (for himself and Mr. Barrasso) submitted the following 
resolution; which was referred to the Committee on the Judiciary:

                              S. Res. 551

       Whereas, throughout the history of the United States, 
     alcohol has been consumed by the people of the United States 
     and has been regulated by government;
       Whereas, before the passage of the 18th amendment to the 
     Constitution of the United States (commonly known as 
     ``National Prohibition''), abuses and insufficient regulation 
     resulted in irresponsible overconsumption of alcohol;
       Whereas the passage of the 18th amendment, which prohibited 
     ``the manufacture, sale, or transportation of intoxicating 
     liquors'' in the United States, resulted in a dramatic 
     increase in illegal activity, including unsafe black market 
     alcohol production, a growth in organized crime, and 
     increasing noncompliance with alcohol laws;
       Whereas the platforms of the 2 major political parties in 
     the 1932 presidential campaign advocated ending National 
     Prohibition by repealing the 18th amendment;
       Whereas, on February 20, 1933, the second session of the 
     72nd Congress submitted to conventions of the States the 
     question of repealing the 18th amendment and adding new 
     language to the Constitution requiring the transportation or 
     importation of alcoholic beverages for delivery or use in any 
     State to be carried out in compliance with the laws of that 
     State;
       Whereas, on December 5, 1933, Utah became the 36th State to 
     approve what became the 21st amendment to the Constitution of 
     the United States, making the ratification of the 21st 
     amendment the fastest ratification of a constitutional 
     amendment in the history of the United States and the only 
     ratification of a constitutional amendment ever decided by 
     State conventions pursuant to Article V of the Constitution;
       Whereas alcohol is the only product in commerce in the 
     United States that has been the subject of 2 constitutional 
     amendments;
       Whereas Congress's reenactment in 1935 of the Act entitled 
     ``An Act divesting intoxicating liquors of their interstate 
     character in certain cases'', approved March 1, 1913 
     (commonly known as the Webb-Kenyon Act) (27 U.S.C. 122), and 
     the enactment of the Federal Alcohol Administration Act (27 
     U.S.C. 201 et seq.), section 2004 of Aimee's Law (27 U.S.C. 
     122a) (relating to 21st amendment enforcement), the Sober 
     Truth on Preventing Underage Drinking Act (Public Law 109-
     422; 120 Stat. 2890), and annual appropriations to support 
     State enforcement of underage drinking laws demonstrate a 
     longstanding and continuing intent on the part of Congress 
     that States should exercise their primary authority to 
     achieve temperance, the creation and maintenance of orderly 
     and stable markets with respect to alcoholic beverages, and 
     the facilitation of the efficient collection of taxes;
       Whereas the legislatures and alcoholic beverage control 
     agencies of the 50 States have worked diligently to implement 
     the powers granted by the 21st amendment for 75 years and to 
     ensure the creation and maintenance of State-based regulatory 
     systems for alcohol distribution made up of producers, 
     importers, wholesale distributors, and retailers;
       Whereas the development of a transparent and accountable 
     system for the distribution and sale of alcoholic beverages, 
     an orderly market, temperance in consumption and sales 
     practices, the efficient collection of taxes, and other 
     essential policies have been successfully guided by the 
     collective experience and cooperation of government agencies 
     and licensed industry members throughout the geographically 
     and culturally diverse Nation;
       Whereas regulated commerce in alcoholic beverages annually 
     contributes billions of dollars in Federal and State tax 
     revenues and additional billions to the United States economy 
     and supports the employment of millions of people in the 
     United States in more than 2,500 breweries, distilleries, 
     wineries, and import companies, more than 2,700 wholesale 
     distributor facilities, more than 530,000 retail outlets, and 
     numerous agricultural, packaging, and transportation 
     businesses;
       Whereas the United States system of State-based alcohol 
     regulation has resulted in a marketplace with unprecedented 
     choice, variety, and selection for consumers;
       Whereas members of the licensed alcoholic beverage industry 
     have been constant partners with Federal and State 
     governments in balancing the conduct of competitive 
     businesses with the need to control alcohol in order to 
     provide consumers in the United States with a safe and 
     regulated supply of alcoholic beverages; and
       Whereas members of the licensed alcoholic beverage industry 
     have created and supported a wide range of national, State, 
     and community programs to address problems associated with 
     alcohol abuse, including drunk driving and underage drinking: 
     Now, therefore, be it
       Resolved, That the Senate--
       (1) celebrates 75 years of effective State-based alcohol 
     regulation since the passage of the 21st amendment to the 
     Constitution of the United States;
       (2) commends State lawmakers, regulators, law enforcement 
     officers, the public health

[[Page S3802]]

     community, and industry members for successful collaboration 
     in achieving a workable, legal, and successful system for the 
     distribution and sale of alcoholic beverages; and
       (3) reaffirms the continued support of the Senate for 
     policies that allow States to effectively regulate alcohol.

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