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Monday, August 3, 2009

2 South Carolina Judges Rule 21 Year-Old Drinking Age Unconstitutional

Two South Carolina County judges ruled that the 21 year-old drinking age is unconstitutional.

Aiken County Chief Magistrate Rodger Edmunds and Richland County Magistrate Mel Maurer ruled that laws could only prohibit people under 21 from purchasing alcohol, and could not prohibit people under 21 from consuming or possessing alcohol. The main justificiation for the federally mandated 21 year-old drinking age is using the often-quoted commerce clause of the US Constitution, which allows Congress to regulate issues involving interstate commerce.

As reported by CarolinaLive.com "Both decisions relied on a 2008 SC State Supreme Court ruling that overturned a state law banning 18 to 20 year olds from possessing handguns."

Both cases have been appealed, and will be heard in South Carolina's circuit court of appeals.I will post updates to these cases as they progress through the judicial system.

Sources and Reading
http://www2.counton2.com/cbd/news/local/article/2_south_carolina_judges_challenge_drinking_age/49856/
http://www.carolinalive.com/news/news_story.aspx?id=332096
http://www.alphecca.com/?p=1627

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