Lowering the Drinking Age
Debate
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The Powers of Government
National
State
Government
Governments
Delegated Powers
of the National
Govt
Powers denied
the National
Govt
Concurrent
Powers
Powers denied
both the National
Govt and the
States
Reserved
Powers of the
States
Powers
denied the
States
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The Powers of Government
Expressed Powers – those delegated to the National Gov’t as spelled
out in the Constitution: collect taxes, coin money, raise & maintain armed
forces, declare war, etc.
Implied Powers – those reasonably implied by the Constitution:
“necessary & proper” power
Inherent Powers – powers that nat’l gov’ts have historically had:
regulate immigration, deport aliens, acquire territory, etc.
Reserved Powers – powers held by the States: ex. Forbid persons
under 21 to buy liquor
Exclusive Powers – includes most delegated powers held by the
National Gov’t: power to make treaties with foreign states, create import
duties, etc.
Concurrent Powers – powers held by both the National Gov’t and
the States: lay and collect taxes, define crime & punishments. They are
held separately and simultaneously.
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The Powers of Government
Powers denied to the National Gov’t
Levy duty on imports, to deny freedom of religion, speech,
press, or assembly, to conduct illegal searches or seizures, and
to deny to any person a speedy and public trial (trial by jury).
To create a public school system for the nation, to enact
uniform marriage & divorce laws and to set up units of local
gov’t.
Powers denied to the States
No state can enter into a treaty, alliance, or confederation. A
state can not print money or deprive any person of life,
liberty, or property without due process of law.
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Should Congress Set a National
Drinking Age?
South Dakota v. Dole, 1986
• Traffic accidents claim the lives of as many as
45,000 people in the U.S. every year.
• Another 1.8 million Americans are injured, many
severely, in motor vehicle accidents.
• Of the more than 20,000 drunk drivers involved
in fatal accidents each year, more than 3,000 are
under 21 years of age.
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Should Congress Set a National Drinking Age?
South Dakota v. Dole, 1986
• Congress passed the National Minimum Drinking
Age Act of 1984.
• The law preempted each State’s power to set a
legal minimum drinking age.
• How did the Federal Gov’t get away with
preempting the States powers?
– Any state that DID NOT make 21 the legal drinking age
would automatically lose tens of millions of dollars (up
to 15% of its annual share) of federal highway funds.
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Should Congress Set a National Drinking Age?
South Dakota v. Dole, 1986
• Most of the 27 states targeted by the new law
(many had already made 21 the legal drinking
age) soon raised the drinking age.
• South Dakota decided to sue the Secretary of
Transportation, Elizabeth Dole, to prevent
enforcement of the statute.
• S.D. argued that the law was unconstitutional
because it violated Section 2 of the 21st
Amendment.
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Should Congress Set a National Drinking Age?
South Dakota v. Dole, 1986
Section 2 - 21st Amendment
• The transportation or importation into any State,
Territory, or possession of the U.S. for delivery or
use therein of intoxicating liquors, in violation of
the laws thereof, is hereby prohibited.
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Arguments for Secretary Dole
1. Congress passed the law as a proper exercise of
its spending power, and it did so to promote the
general welfare of the people of the United
States.
2. The law is also a proper exercise of the
commerce power. The provision’s relation to
liquor is only incidental to creating and
maintaining safe interstate highways.
3. The amount of federal money to be withheld
from any State is comparatively small, and any
State can forgo that money and set whatever
drinking age it chooses.
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Arguments for South Dakota
1. Congress compromised the role and the powers
of the States when it passed the National
Drinking Age Act.
2. The law violates the 21st Amendment, which
gives each State complete control over liquor
within its borders. A concern for safe travel
does not give the Federal Government the
power to dictate a minimum drinking age.
3. The Federal Government’s threat to withhold
funds from the States amounts to nothing less
than blackmail.
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Debating Key Issues
Activity 1: Analyze the Case
Groups of 4
Answer the following questions:
1. Identify the constitutional grounds on which
each side based its arguments in this case.
2. Debate the opposing viewpoints presented in
this case.
3. Predict how the Supreme Court ruled in this
case & why.
4. Teacher will present the results of the case.
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Statistics
Courtesy of MADD
• On average someone is killed by a drunk
driver every 45 minutes. In 2008, an estimated
11, 773 people died in drunk driving related
crashes – a decline of 9.8% from the 13,041
drunk driving related fatalities of 2007.
• Additionally about 248,000 people are injured
in accidents where police reported that
alcohol was present, thus one person is
injured in a drunk driving accident in the US
every 2 minutes. These incredible statistics
reveal why drunk driving is a major public
policy issue.
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Statistics
Courtesy of MADD
• Fifty to 75% of drunk drivers whose licenses
are suspended continue to drive.
• Of the over 159 million alcohol-impaired
driving trips estimated that Americans took in
2002, over 10% were made by 18-20 yearolds.
• About 3 in every ten Americans will be
involved in an alcohol-related crash at some
time in their lives.
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Statistics
Courtesy of MADD
• In 2002, 2.3% of Americans 18 and older
surveyed reported alcohol-impaired driving,
including 3% of 18-20 year olds and 4.1% of
21-34 year olds.
• Since 1980, (the year MADD was founded),
alcohol-related traffic fatalities have
decreased 50%, from over 30,000 to under
15,500 and MADD has helped to save over
383,000 lives.
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Bar graph of current, binge and heavy alcohol use among
persons 12 to 20, by gender in 2007
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Proportion of 83 countries MDLAs
from ages 14 to 21
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Should the drinking age be lowered
from 21 to a younger age?
Proponents of keeping the MLDA at 21 believe
that teens are more likely to harm or even kill
themselves and others by drinking prior to 21.
Opponents contest that a MLDA of 21 has
caused greater underage binge drinking and
subsequent health and life threatening
behavior by teens.
 What do you think?
 Watch the following videos and then decide.
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Should the drinking age be lowered
from 21 to a younger age?
Watch the following videos and then decide.
http://www.cbsnews.com/video/watch/?id=2
324770n&tag=related;photovideo
http://www.cbs.com/stories/2009/02/19/60m
inutes/main4813571.shtml
 Jaqui’s story:
http://www.videosift.com/video/Consequence
s-of-drinking-and-driving
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What do you think?
10 minute open discussion
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Activity 2:
Pro & Con Arguments
 Students will randomly receive an index card with
either a “Pro lowering the drinking age” argument or a
“Con lowering the drinking age” argument written on
the card.
 Students should take the time to read the card and
formulate an argument to support the statement on
the card based only on their current knowledge of the
subject.
 Students will have the opportunity to present their
statement and accompanying argument to their
classmates. Those in opposition may challenge by
asking questions or presenting statements they possess
to counter the argument being made.
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A New Argument Against the 21
Drinking Age and Mothers Against
Drunk Driving
http://www.usnews.com/blogs/robertschlesinger/2009/03/21/a-new-argumentagainst-the-21-drinking-age-and-mothersagainst-drunk-driving.html
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Their Tragic Stories
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Long Island Cop Pulls Over Drunk Driver, Gets Hit By Another Drunk Driver
A Nassau County cop who had just pulled over a car for drunk driving early Sunday
morning was hit by another drunk driver on the Long Island Expressway. Newsday
reports 30-year-old police officer Kenneth Baribault "suffered severe head trauma, as
well as broken bones in both his upper and lower torso" and underwent surgery for a
blood clot.
After pulling over a Kia SUV's for drunk driving, Baribault went back into his patrol car
when a Mercedes CLK320 rammed into the patrol car and pushed it into the SUV. From
WABC 7:"Witnesses say the back of the police car probably lifted six feet off the ground
upon impact. The back of that patrol car almost meets where the driver was sitting. The
rear wheel on the driver's side is touching the seat where the driver sits in that patrol
car."
Off-duty FDNY firefighter Philip Scarfi was on the LIE when the accident occurred and
crossed six lanes of traffic, "[hopped] over a four-foot concrete median" with his
emergency kit. Scarfi said Baribault was "unconscious, wedged between the dashboard
and front seat and not breathing ...His face was blue." Scarfi said the Mercedes' driver,
Rahiem Griffin, offered to help (but the firefighter picked someone else to help stabilize
the cop).
Griffin, who was driving with a suspended license, was charged with DWI, as was the
Kia's driver, Marcin Bykuc.
By Jen Chung in News on May 19, 2008 8:49 AM
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New York DWI and a Rental Car – Police report that Marvin Rice Jr. lost control
of a rental car and crashed into a pole on Long Island. Investigators found that
the 27-year old had rented the vehicle to avoid the court ordered ignition
interlock that had been installed in his own car. Rice had agreed to the device’s
installation following a 2005 arrest for drunk driving in New York.
Jennifer Bukosky’s story:
On April 25, 2008 Jennifer Bukosky, her unborn daughter Sophie Bukosky and
her 10 year old daughter, Courtney Bella, were killed by Mark Benson, a long
time prescription drug and alcohol abuser. Also injured in the crash were her 12
year old son, Zach Bella, and Courtney's friend, Debbie Gibbs. Two days before
killing Jenn and the children, Benson received his third DWI conviction.
April’s Story: Hi...my name is April. I lost my husband to a drunk driver on
7/2/06. At the time I was 3 months pregnant with our first child. I drove up on
the wreck right after it happened so I witnessed pretty much everything. I gave
birth to our daughter Jessica on 1/9/07. The man that killed my husband had a
BAC of .236 and was driving 4 miles the wrong way down the road. He received
22 years with possibility of parole in 4 1/2 years.
Unfortunately he will not serve the full 22 years. He will be paroled before then.
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A Mom’s Story:
Hi, my name is Dawn and my son was killed on Oct.2, 2006 due to drinking and
driving. After spending hours and $149.00 at a bar then driving to breakfast at
2:00 a.m. going 75+ miles an hour he struck 2 parked cars and 2 trees. He just
got his Nissan truck a few weeks before. I will never know the real story of what
happen that night, I have heard many different stories that he thought his friend
left the bar already and he was hurrying to catch up to him to that the two other
cars that were following him were racing. Only the other people know the truth,
but my son was also in the wrong of drinking and driving. His alcohol level was
.24. He was just 25 years old.
Misty’s story:
This is Misty Nicole Sutton’s story. Misty was filling out her papers to start college in
August 1999, but never got to start. She was killed in a car crash by a drunk driver on
Feb. 11,1999. Misty was also going to marry a young man named Jason Wicks but
never got the chance. Misty died three days before Jason got to send his letter to her
asking her to marry him. Tommy Goodin was the driver of this car. Tommy decided he
would take Misty and Jasper around town after consuming a half pint of tequila. He
also decided to take their young lives by doing 72.84 mph on the curviest road in Fort
Smith, Arkansas. He only received 30 days for taking their lives.
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Ian’s story: I wish I could say that I've never experienced anything like this, but
my ordeal happened in '95. I was riding in the car with someone who had been
drinking and decided to show out. Well, because of my failure to wear my
seatbelt in the backseat, upon impact I was ejected through the car's hatchback
and landed across the street. After the night of February 25, 1995, I spent ten
days in a coma, was semi-comatosed for roughly a month and finally came to my
senses somewhere around April 10, 1995.
To be limited in what was once so easy to do, to need help when you go to bathe
yourself, to be treated worse than a little kid when it comes to your rights as a
person and that by your own family. To know what it's like to be in a wheelchair in
public in light of all the stares from others. To be misunderstood by friends who
were once your close companions. And above all to know the loneliness that eats
away on the inside when you're left to yourself with the questions about that
night that can never be answered. I only wish people had a better understanding
of the hell the victims of these accidents are faced with after everything else
fades. I only wish that I could somehow comfort those worse off than I. You see
that night, at the Endymion Mardi Gras parade I only drank a little out of my
sister's cup before her date took us joy riding afterward. I know that I wasn't even
the one drunk, I mean, I was only fourteen.
But that night changed my life forever. Thank you -Ian Glapion
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Sean’s story: Hello, My name is Sean, and I have a tragic story to tell. December 11th 2006, well I
lost that whole day, I can’t remember what happened, but Ido know I was out drinking, and I drove
my car to pick up a friend and I never made it. The only thing I can remember is waking up in the
hospital a month later, January 2nd. I had a head on collision at a sharp curve in the road, and hit
another woman, who is now stuck in a walker. My own injuries were a lot worse, and the only
reason I am living today, is so I can suffer for the mistake I had made that night by getting behind the
wheel while drinking. I broke every bone in my body. Starting with my face, I broke my lower and
upper jaw, and smashed my face in completely from the impact of the steering wheel, I had no
airbags, or my seat belt on. Total facial reconstruction. My jaw was wired shut for a month and was
on a liquid diet only, which I was fed through a feeding tube, that was with me until February in my
stomach, called a g-tube. I will never look the same, I don’t even have my teeth anymore. The
depression, and self esteem is killing me slowly. I have 18 plates in my face. My eyes were sewn shut
for a week so they could place the plates under my eyelids. I will spend the next few years of my life
going to the Dept of Maxillofacial surgeon. not to mention, the orthopedic surgeon as well because I
broke my legs and arm, my arm is still trying to be fixed after 5 months now. I am stuck at home on a
machine that keeps my arm moving up and down 20 hrs a day, and its so uncomfortable. My ribs
were also broken, but they healed quickly. After being released from the hospital in mid January, I
never had a moment to myself, there was home care nurses coming in and out all the time. My
sister had to put her life on hold to move in with me for a month so she could give me my meds 3
times a day through my feeding tube. I put my friends and family, and all my loved ones through
hell. their is so much more to this story, it breaks my heart, and depresses me telling it. I had to
wheel myself to the court room, because charges were held against me, and i will most likely go to
jail for some time because, not only did I make a life changing mistake by drinking and driving, but I
also hurt another because of my actions. I will never be the same, my face is deformed, and will now
have a lifetime of medical visits, and another person cant walk all because I got drunk.
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DUI Laws
• 2009 New York DUI Law • New York S6125 / A9111 "Leandra's Law"
• A person who operates a vehicle while under the influence
with a passenger under the age of sixteen would be guilty
of a class E felony punishable by a fine of up to five
thousand dollars and or a period of imprisonment of up to
four years.
• A person who causes the death of a person under the age
of sixteen be charged with the crime of aggravated
vehicular homicide and increases the penalty from a class B
felony to a class B violent felony.
• A person who causes serious physical injury to a person
under the age of sixteen be charged with the crime of
aggravated vehicular assault and increases the penalty
from a class C felony to a class C violent felony.
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NYS DUI Fines & Penalties
• 1st Conviction
– Jail up to 1 year
– Fine – From $500 to $1000
– License Suspension – 6 Month Minimum
• 2nd Conviction
•
•
•
•
•
Felony Charge (Class “E”)
Jail – From 5 days (Minimum) to 4 years or Community Service – 30 days
Fine – From $1000 to $5000
License Suspension – 1 year minimum
Ignition Interlock Device
• 3rd Conviction
•
•
•
•
•
•
•
•
Felony Charge (Class “D”)
Jail – From 10 days (Minimum) to 7 years
Community Service – 60 Days
Fine – From $2000 to $10000
License Suspension – 1 year Minimum
Ignition Interlock Device
Alcohol Assessment
Pay Mandatory Surcharge
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Should the drinking age be lowered
from 21 to a younger age?
Would any other information have been helpful
in making your decision?
What do you think?
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Reaction Paper
Write a one-page paper (3-5 paragraphs:
intro, body & conclusion) on whether you
enjoyed discussing this topic and why.
Explain in detail.
In your final paragraph, what other relevant
issue would you like to discuss? Why is this
issue relevant?
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