Time: Tue May 27 05:41:57 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id FAA14914; Tue, 27 May 1997 05:39:21 -0700 (MST) by usr10.primenet.com (8.8.5/8.8.5) with SMTP id FAA21648; Tue, 27 May 1997 05:39:15 -0700 (MST) Date: Tue, 27 May 1997 05:40:27 -0700 To: Harold Thomas <harold@halcyon.com>, "Dave Delany" <freedomh@spectra.net> From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: U.S. v. Constantine, S.Ct. (Dec. 1935) Quoting from letter to Oklahoma Tax Commission from Dan Meador, dated May 17, 1997: "The second Federal tax line comes by way of national prohibition, which was enacted after ratification of the Eighteenth Amendment in 1919. The Amendment gave concurrent jurisdiction to State and Federal enforcement relating to both State and Federal liquor laws. However, ratification of the Twenty-first Amendment in December 1933 repealed national prohibition, and in the United States vs. Constantine (Dec. 1935) case, the United States Supreme Court ruled that repeal of the Eighteenth Amendment eliminated Federal authority to enforce State law relating to liquor -- each State again became responsible for making and enforcing its own law. "The Constantine decision was premised on the 1926 Federal law. However, in summer 1935, Congress passed the Federal Alcohol Administration Act, and replaced the former administrative agency with the Federal Alcohol Administration. Because of Constantine, the Federal Alcohol Administration really never got off the ground. Then via Reorganization Plan No. III of 1940, the Federal Alcohol Administration was abolilshed and administration of the Federal Alcohol Administration Act was placed under th Bureau of Internal Revenue, Puerto Rico." Page 4, Paragraphs 2 and 3 ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this ========================================================================
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