Question

The Presidential limousine, containing the President, was struck by a drunk driver in Maryland during a presidential trip to an Army base. The President was killed in the accident, and Congress, in a fit of outrage, enacted the Wipe Out Whiskey Act (or the WOW Act), a nationwide law that outlawed the production, sale, and consumption of whiskey. Willy Whiskey’s Old Timey Whiskey, a leading manufacturer of whiskey, objected, and brought suit against the Government in federal court, arguing Congress doesn’t have the power to ban whiskey and therefore, the WOW Act was unconstitutional. All parties agree neither the 18th nor the 21st Amendments apply. a. What would be Willy Whiskey’s arguments supporting their claim the law is unconstitutional? b. What would be the Government’s arguments in support of the law? c. Who should win and why? Explain your answer. d. Assume same facts as #3 above, but instead of whiskey, suppose Congress banned cough syrup, and Willy Whiskey challenged the law. Same result as in (c) above? Why or why not?

Answer 1

a) Willy Wiskey's arguments supporting their claim that the law is unconstitutional will be that the Congress has made decision based on one incidence of excessive drinking driver. Firstly, it is not clear which drink the driver had consumed. Secondly, it is illegal to drink and drive. Hence the driver must have been severally punished. Thirdly, banning Whiskey is not going to solve the main problem. Stress on safe driving and alcohol consumption in required limit is to be asserted.

b) Government may argue stating that, improvement needs to start somewhere and that alcohol is very harmful for person's health. Hence the act is in line to promote and ensure good health of the citizens.

c) I feel, Willy Wiskey will win the case, as the act is not completely justifiable.

d) The results will be same. There has to be a deeper study as to the ill-effects of the cough syrup being banned. One-off case cannot be the reason for such a strict act to be enacted. However, it Congress substantiates with required tests and proofs, the act may be passed.