Prohibiting Intoxicating Beverages: Hearings Before the ..., Parts 1-3

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Prohibiting Intoxicating Beverages: Hearings Before the ..., Parts 1-3
United States. Congress. Senate. Committee On the Judiciary
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Senator Walsh. Of course, I know what the intention was in framing the amendment.
Mr. Untermyer. I think a reasonable construction would be that those portions of the enforcement law that provide for interstate commerce, for the prohibition of the manufacture and sale of intoxi- cating liquors in interstate commerce — that there Congress would be supreme, but that when Congress undertook to intervene in the pre- vention of the domestic sale of liquors, within the States, it would have to have t
...he assent of the States in enforcement legislation and could not legislate contrary to the existing State law. I think that if the State did not legislate at all, then Congress could legislate; but Digitized by Google 262 PROHIBITING INTOXICATING BEVERAGES.
where the State has legislated, I do not undertake to say what the Supreme Court may say about it.
Senator Walsh. Concurrent power means concurrent power ; that is, that the Congress has the power to legislate about a matter ana the State has the power, and the State enforces its own law and the Federal authorities enforce the congressional act.


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