Lowering the Drinking Age Debate

1. Lowering the Drinking Age Debate

2. The Powers of Government National Government State Governments Reserved Powers of the States Delegated Powers of the National Govt Concurrent Powers Powers denied both the National Govt and the States Powers denied the National Govt Powers denied the States

3. The Powers of Government Expressed Powers – those delegated to the National Gov’t as spelled out in the Constitution: collect taxes, coin money, raise & maintain armed forces, declare war, etc. Implied Powers – those reasonably implied by the Constitution: “necessary & proper” power Inherent Powers – powers that nat’l gov’ts have historically had: regulate immigration, deport aliens, acquire territory, etc. Reserved Powers – powers held by the States: ex. Forbid persons under 21 to buy liquor Exclusive Powers – includes most delegated powers held by the National Gov’t: power to make treaties with foreign states, create import duties, etc. Concurrent Powers – powers held by both the National Gov’t and the States: lay and collect taxes, define crime & punishments. They are held separately and simultaneously.

4. The Powers of Government Powers denied to the National Gov’t Levy duty on imports, to deny freedom of religion, speech, press, or assembly, to conduct illegal searches or seizures, and to deny to any person a speedy and public trial (trial by jury). To create a public school system for the nation, to enact uniform marriage & divorce laws and to set up units of local gov’t. Powers denied to the States No state can enter into a treaty, alliance, or confederation. A state can not print money or deprive any person of life, liberty, or property without due process of law.

5. Should Congress Set a National Drinking Age?South Dakota v. Dole, 1986 • Traffic accidents claim the lives of as many as 45,000 people in the U.S. every year. • Another 1.8 million Americans are injured, many severely, in motor vehicle accidents. • Of the more than 20,000 drunk drivers involved in fatal accidents each year, more than 3,000 are under 21 years of age.

6. Should Congress Set a National Drinking Age?South Dakota v. Dole, 1986 • Congress passed the National Minimum Drinking Age Act of 1984. • The law preempted each State’s power to set a legal minimum drinking age. • How did the Federal Gov’t get away with preempting the States powers? • Any state that DID NOT make 21 the legal drinking age would automatically lose tens of millions of dollars (up to 15% of its annual share) of federal highway funds.

7. Should Congress Set a National Drinking Age?South Dakota v. Dole, 1986 • Most of the 27 states targeted by the new law (many had already made 21 the legal drinking age) soon raised the drinking age. • South Dakota decided to sue the Secretary of Transportation, Elizabeth Dole, to prevent enforcement of the statute. • S.D. argued that the law was unconstitutional because it violated Section 2 of the 21st Amendment.

8. Should Congress Set a National Drinking Age?South Dakota v. Dole, 1986 Section 2 - 21st Amendment • The transportation or importation into any State, Territory, or possession of the U.S. for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

9. Arguments for Secretary Dole • Congress passed the law as a proper exercise of its spending power, and it did so to promote the general welfare of the people of the United States. • The law is also a proper exercise of the commerce power. The provision’s relation to liquor is only incidental to creating and maintaining safe interstate highways. • The amount of federal money to be withheld from any State is comparatively small, and any State can forgo that money and set whatever drinking age it chooses.

10. Arguments for South Dakota • Congress compromised the role and the powers of the States when it passed the National Drinking Age Act. • The law violates the 21st Amendment, which gives each State complete control over liquor within its borders. A concern for safe travel does not give the Federal Government the power to dictate a minimum drinking age. • The Federal Government’s threat to withhold funds from the States amounts to nothing less than blackmail.

11. Debating Key IssuesActivity 1: Analyze the CaseGroups of 4 Answer the following questions: • Identify the constitutional grounds on which each side based its arguments in this case. • Debate the opposing viewpoints presented in this case. • Predict how the Supreme Court ruled in this case & why. • Teacher will present the results of the case.

12. StatisticsCourtesy of MADD • On average someone is killed by a drunk driver every 45 minutes. In 2008, an estimated 11, 773 people died in drunk driving related crashes – a decline of 9.8% from the 13,041 drunk driving related fatalities of 2007. • Additionally about 248,000 people are injured in accidents where police reported that alcohol was present, thus one person is injured in a drunk driving accident in the US every 2 minutes. These incredible statistics reveal why drunk driving is a major public policy issue.

13. StatisticsCourtesy of MADD • Fifty to 75% of drunk drivers whose licenses are suspended continue to drive. • Of the over 159 million alcohol-impaired driving trips estimated that Americans took in 2002, over 10% were made by 18-20 year-olds. • About 3 in every ten Americans will be involved in an alcohol-related crash at some time in their lives.

14. StatisticsCourtesy of MADD • In 2002, 2.3% of Americans 18 and older surveyed reported alcohol-impaired driving, including 3% of 18-20 year olds and 4.1% of 21-34 year olds. • Since 1980, (the year MADD was founded), alcohol-related traffic fatalities have decreased 50%, from over 30,000 to under 15,500 and MADD has helped to save over 383,000 lives.

15. Bar graph of current, binge and heavy alcohol use among persons 12 to 20, by gender in 2007

17. Proportion of 83 countries MDLAs from ages 14 to 21

18. Should the drinking age be lowered from 21 to a younger age? • Proponents of keeping the MLDA at 21 believe that teens are more likely to harm or even kill themselves and others by drinking prior to 21. • Opponents contest that a MLDA of 21 has caused greater underage binge drinking and subsequent health and life threatening behavior by teens. • What do you think? • Watch the following videos and then decide.

19. Should the drinking age be lowered from 21 to a younger age? Watch the following videos and then decide. • http://www.cbsnews.com/video/watch/?id=2324770n&tag=related;photovideo • http://www.cbs.com/stories/2009/02/19/60minutes/main4813571.shtml • Jaqui’s story: http://www.videosift.com/video/Consequences-of-drinking-and-driving

20. What do you think? 10 minute open discussion

21. Activity 2: Pro & Con Arguments • Students will randomly receive an index card with either a “Pro lowering the drinking age” argument or a “Con lowering the drinking age” argument written on the card. • Students should take the time to read the card and formulate an argument to support the statement on the card based only on their current knowledge of the subject. • Students will have the opportunity to present their statement and accompanying argument to their classmates. Those in opposition may challenge by asking questions or presenting statements they possess to counter the argument being made.

22. A New Argument Against the 21 Drinking Age and Mothers Against Drunk Driving http://www.usnews.com/blogs/robert-schlesinger/2009/03/21/a-new-argument-against-the-21-drinking-age-and-mothers-against-drunk-driving.html

23. Their Tragic Stories

24. Long Island Cop Pulls Over Drunk Driver, Gets Hit By Another Drunk Driver A Nassau County cop who had just pulled over a car for drunk driving early Sunday morning was hit by another drunk driver on the Long Island Expressway. Newsday reports 30-year-old police officer Kenneth Baribault "suffered severe head trauma, as well as broken bones in both his upper and lower torso" and underwent surgery for a blood clot. After pulling over a Kia SUV's for drunk driving, Baribault went back into his patrol car when a Mercedes CLK320 rammed into the patrol car and pushed it into the SUV. From WABC 7:"Witnesses say the back of the police car probably lifted six feet off the ground upon impact. The back of that patrol car almost meets where the driver was sitting. The rear wheel on the driver's side is touching the seat where the driver sits in that patrol car." Off-duty FDNY firefighter Philip Scarfi was on the LIE when the accident occurred and crossed six lanes of traffic, "[hopped] over a four-foot concrete median" with his emergency kit. Scarfi said Baribault was "unconscious, wedged between the dashboard and front seat and not breathing ...His face was blue." Scarfi said the Mercedes' driver, Rahiem Griffin, offered to help (but the firefighter picked someone else to help stabilize the cop). Griffin, who was driving with a suspended license, was charged with DWI, as was the Kia's driver, MarcinBykuc. By Jen Chung in News on May 19, 2008 8:49 AM

26. New York DWI and a Rental Car – Police report that Marvin Rice Jr. lost control of a rental car and crashed into a pole on Long Island. Investigators found that the 27-year old had rented the vehicle to avoid the court ordered ignition interlock that had been installed in his own car. Rice had agreed to the device’s installation following a 2005 arrest for drunk driving in New York. Jennifer Bukosky’s story: On April 25, 2008 Jennifer Bukosky, her unborn daughter Sophie Bukosky and her 10 year old daughter, Courtney Bella, were killed by Mark Benson, a long time prescription drug and alcohol abuser. Also injured in the crash were her 12 year old son, Zach Bella, and Courtney's friend, Debbie Gibbs. Two days before killing Jenn and the children, Benson received his third DWI conviction.  April’s Story: Hi...my name is April. I lost my husband to a drunk driver on 7/2/06. At the time I was 3 months pregnant with our first child. I drove up on the wreck right after it happened so I witnessed pretty much everything. I gave birth to our daughter Jessica on 1/9/07. The man that killed my husband had a BAC of .236 and was driving 4 miles the wrong way down the road. He received 22 years with possibility of parole in 4 1/2 years. Unfortunately he will not serve the full 22 years. He will be paroled before then.

27. A Mom’s Story: Hi, my name is Dawn and my son was killed on Oct.2, 2006 due to drinking and driving. After spending hours and $149.00 at a bar then driving to breakfast at 2:00 a.m. going 75+ miles an hour he struck 2 parked cars and 2 trees. He just got his Nissan truck a few weeks before. I will never know the real story of what happen that night, I have heard many different stories that he thought his friend left the bar already and he was hurrying to catch up to him to that the two other cars that were following him were racing. Only the other people know the truth, but my son was also in the wrong of drinking and driving. His alcohol level was .24. He was just 25 years old. Misty’s story: This is Misty Nicole Sutton’s story. Misty was filling out her papers to start college in August 1999, but never got to start. She was killed in a car crash by a drunk driver on Feb. 11,1999. Misty was also going to marry a young man named Jason Wicks but never got the chance. Misty died three days before Jason got to send his letter to her asking her to marry him. Tommy Goodin was the driver of this car. Tommy decided he would take Misty and Jasper around town after consuming a half pint of tequila. He also decided to take their young lives by doing 72.84 mph on the curviest road in Fort Smith, Arkansas. He only received 30 days for taking their lives.

28. Ian’s story: I wish I could say that I've never experienced anything like this, but my ordeal happened in '95. I was riding in the car with someone who had been drinking and decided to show out. Well, because of my failure to wear my seatbelt in the backseat, upon impact I was ejected through the car's hatchback and landed across the street. After the night of February 25, 1995, I spent ten days in a coma, was semi-comatosed for roughly a month and finally came to my senses somewhere around April 10, 1995. To be limited in what was once so easy to do, to need help when you go to bathe yourself, to be treated worse than a little kid when it comes to your rights as a person and that by your own family. To know what it's like to be in a wheelchair in public in light of all the stares from others. To be misunderstood by friends who were once your close companions. And above all to know the loneliness that eats away on the inside when you're left to yourself with the questions about that night that can never be answered. I only wish people had a better understanding of the hell the victims of these accidents are faced with after everything else fades. I only wish that I could somehow comfort those worse off than I. You see that night, at the Endymion Mardi Gras parade I only drank a little out of my sister's cup before her date took us joy riding afterward. I know that I wasn't even the one drunk, I mean, I was only fourteen. But that night changed my life forever. Thank you -Ian Glapion

29. Sean’s story: Hello, My name is Sean, and I have a tragic story to tell. December 11th 2006, well I lost that whole day, I can’t remember what happened, but Idoknow I was out drinking, and I drove my car to pick up a friend and I never made it. The only thing I can remember is waking up in the hospital a month later, January 2nd. I had a head on collision at a sharp curve in the road, and hit another woman, who is now stuck in a walker. My own injuries were a lot worse, and the only reason I am living today, is so I can suffer for the mistake I had made that night by getting behind the wheel while drinking. I broke every bone in my body. Starting with my face, I broke my lower and upper jaw, and smashed my face in completely from the impact of the steering wheel, I had no airbags, or my seat belt on. Total facial reconstruction. My jaw was wired shut for a month and was on a liquid diet only, which I was fed through a feeding tube, that was with me until February in my stomach, called a g-tube. I will never look the same, I don’t even have my teeth anymore. The depression, and self esteem is killing me slowly. I have 18 plates in my face. My eyes were sewn shut for a week so they could place the plates under my eyelids. I will spend the next few years of my life going to the Dept of Maxillofacial surgeon. not to mention, the orthopedic surgeon as well because I broke my legs and arm, my arm is still trying to be fixed after 5 months now. I am stuck at home on a machine that keeps my arm moving up and down 20 hrs a day, and its so uncomfortable. My ribs were also broken, but they healed quickly. After being released from the hospital in mid January, I never had a moment to myself, there was home care nurses coming in and out all the time. My sister had to put her life on hold to move in with me for a month so she could give me my meds 3 times a day through my feeding tube. I put my friends and family, and all my loved ones through hell. their is so much more to this story, it breaks my heart, and depresses me telling it. I had to wheel myself to the court room, because charges were held against me, and i will most likely go to jail for some time because, not only did I make a life changing mistake by drinking and driving, but I also hurt another because of my actions. I will never be the same, my face is deformed, and will now have a lifetime of medical visits, and another person cant walk all because I got drunk.

31. DUI Laws • 2009 New York DUI Law - • New York S6125 / A9111"Leandra's Law" • A person who operates a vehicle while under the influence with a passenger under the age of sixteen would be guilty of a class E felony punishable by a fine of up to five thousand dollars and or a period of imprisonment of up to four years. • A person who causes the death of a person under the age of sixteen be charged with the crime of aggravated vehicular homicide and increases the penalty from a class B felony to a class B violent felony. • A person who causes serious physical injury to a person under the age of sixteen be charged with the crime of aggravated vehicular assault and increases the penalty from a class C felony to a class C violent felony.

32. NYS DUI Fines & Penalties • 1st Conviction • Jail up to 1 year • Fine – From $500 to $1000 • License Suspension – 6 Month Minimum • 2nd Conviction • Felony Charge (Class “E”) • Jail – From 5 days (Minimum) to 4 years or Community Service – 30 days • Fine – From $1000 to $5000 • License Suspension – 1 year minimum • Ignition Interlock Device • 3rd Conviction • Felony Charge (Class “D”) • Jail – From 10 days (Minimum) to 7 years • Community Service – 60 Days • Fine – From $2000 to $10000 • License Suspension – 1 year Minimum • Ignition Interlock Device • Alcohol Assessment • Pay Mandatory Surcharge

33. Should the drinking age be lowered from 21 to a younger age? Would any other information have been helpful in making your decision? What do you think?

34. Reaction Paper Write a one-page paper (3-5 paragraphs: intro, body & conclusion) on whether you enjoyed discussing this topic and why. Explain in detail. In your final paragraph, what other relevant issue would you like to discuss? Why is this issue relevant?