Wood v. Whitaker

Citations

• 81 Fla. 653
• 89 So. 118

Syllabus

<p>1. The Eighteenth Amendment to the Federal Constitution is an innovation in the dual system of government under the Constitution .of the United States. It extends the Federal power to intrastate control of intoxicating liquors for beverage purposes, and its prohibitions are in the nature of police regulations.</p> <p>2. In order that its prohibitions may be made effective under any and all conditions that may arise and by one enforcing authority if the other fails, the Eighteenth Amendment expressly confers upon the Congress and the several States “concurrent power to enforce” its commands by appropriate legislation. This provision confers independent, equal and complete power upon each sovereignty within its jurisdiction and by its own laws to severally enforce all the paramount prohibitions.</p> <p>3. While the State may enact and enforce incidental regulations and prohibitions of the possession of intoxicating liquors as a means to make prohibitions of the Eighteenth Amendment effective, yet as possession is not forbidden, but lawful possession is contemplated by the organic amendment, such incidental statutory prohibitions must not abridge rights conferred by Congress as to such possession, and within the Federal power.</p> <p>4. Where State regulations and prohibitions of the possession of intoxicating liquors are in substantial accord with Federal laws on the subject, the State laws may be enforced within organic limitations.</p> <p>5. As the express concurrent power of the Congress and the States to enforce the Eighteenth Amendment does not include concurrent power to define the subject-matter of the amendment, the definition of intoxicating liquors enacted by Congress is controlling to make the organic prohibitions effective wherever they are applicable.</p> <p>6. The Eighteenth Amendment being paramount in its provisions, and the power it confers upon Congress and the States to enforce its prohibitions, being concurrent, i. e., equal and separate power —