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Legal Commentary

: Prawfs

How Can I Be Unconstitutional in Daily Life?

By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel

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MillerliteonconstitutionHave you ever done anything illegal? It?s not difficult. There are about a million laws you can break. You could throw a snowball at your friend in Topeka, Kansas. Even if it?s on your own property, you could land upwards of five months in jail. See Code of the City of Topeka, Kan. §§ 1-7, 54-123.

But what if you wake up in the morning, and you want to do something unconstitutional? If you?re not the president, your opportunities are limited. Nonetheless, doing something unconstitutional is not out of the reach of the common citizen.

Take a six pack of beer out of your refrigerator in Manhattan, and then drive through the Lincoln Tunnel to New Jersey in order to give it to your underage cousin. That?s not only illegal, it?s actually unconstitutional.

The 21st Amendment, which repealed prohibition, provides: ?The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.?

So there?s your con law fun fact of the day. (And it?s yet another reason to actually assign the Constitution as reading in your Constitutional Law class.)

Full post as published by Prawfs on October 08, 2008 (boomark / email).

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