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