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262

102 JAZ of Coll.

16 742 of Contacto

Colorado "REDDI"

20 montho

13,274

Deccæber 1980

to July 1982

2,701 20% of Colla

1.661 621 of Contacto

2 montho

1,623

Maryland
"Cilicon Report
Drunk Driver
Program"

July 1

to
August 29, 1982

500
31% of Callo

200
46% of Contacto

Nebraska
"REDDI"

12 months

2,836

June 1981

to
May 1982

1,827
64% of Coll.

1,420
78% of Contacto

Vtah
"REDDI"

2 montho

May 1, 1982

to
June 30, 1982

Wonhington
"POSTER GIRL"

27 months

8,000

March 1980

to July 1982

1,400 10% of Collo

1,იიი 71% of Contacto

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Nebraske reports the: during the first 12 months of its progen, the Siete expe:ienced 26 percen: lewe: feieiiies than the previous yea:. Also, from: June 1957 :: Mey 1982, 4. percer: of the fate accidents were listed as involving alcohol yet fron. June 1981 to May 1982, the alcohol involvement was reported at 37 perceni, constituting a 10-perceni reduction in fetal accidents involving alcohol. While the Safety Board cannoi specifically correlate these results to the Nebraska REDDI Program, and undoubtediy other factors contributed to some degree, it is not aware of any other significant changes in Steie enforcement policy or procedures which would have brought about these reductions.

The five programs discussed above have been implemented by either the States' highway safety or highway law enforcement agencies, or both. The individuals involved in the programs reviewed by the Safety Board were enthusiastic about their respec:ive Stare programs, and indicated thei medie support and local enforcement agency involvement were key elements in the success of the programs. Most programs were "kicked of?" by Large press conferences hosted by the Governors of the respective States.

The programs typically make use of posters depicting real-life surviving victims of drunk drivers, and telephone numbers where citizens can call to report drunk drivers. l'tan utilizes bilboards and bumper stickers with the message "Drunk Drivers Hu:: People Be REDDI“. Brochures are used to give citizens information on how to spot drunk drivers, how to report drunk drivers to the police by citizens band (CB) radio and by telephone, what information should be given to the police when reporting drunk drivers, and whet no: to do when & drunk driver is encountered. Publicizing reports from the enforcement agency or e weekly or monthly besis is necessary to inform citizens of the electiveness of their reporting e!!orts and to encourage them to continue reporting.

Besed on the positive results of State programs to encourage citizens to repor: drunk drivers, the National Transportation Safety Board recommends that the Mayor of the District of Columbia and the Governors of the States Listed:

Implement a citizen awareness and citizen drunk drive: reporting
program such as the REDDI-type programs now used by Colorado,
Maryland, Nebraska, Utan, and Washington. (Class II, Priority Action)
(H-82-35)

The Safety Board is concurrently recommending to the International Association of Chiefs of Police and The National Safety Council that they collaborate and act as focal points for gathering and disseminating information on REDDI-type programs, and provide pertinent information and assistance to interested States and local communities.

BURNETT, Chairman, GOLDMAN, Vice Chairman, and MCADAMS, BURSLEY, and ENGEN, Members, concurred in this recommendation.

im Bennett

By: Jim Burnett

Chairman

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I am writing concerning the constitutionality of H.R. 3870 which prohibits the sale or offer for sale of any alcoholic

beverage to persons under the age of 21 if the beverage has

traveled in interstate commerce or if the sale is made in an

establishment which is in or affects interstate commerce.

The

constitutionality of the proposed enactment is necessarily speculative since the Supreme Court has never addressed itself to the constitutionality under the Twenty First Amendment of Federal legislation which displaces state laws regulating the sale and consumption of alcoholic beverages. Nevertheless, as

my remarks below will indicate, I believe that the proposed law - 2

would be held constitutional.

In spite of the testimony and legal memoranda submitted to the Committee, which question Congress' constitutional power under the Commerce Clause to enact H.R. 3870, there is very little question that Congress has the constitutional power under

the Commerce Clause to enact H.R. 3870.

Indeed, since the time

of the New Deal, no federal law based on the commerce power has been held unconstitutional for want of a constitutional source

of power.

While federal legislation has been invalidated on the basis of various limitations contained in the Constitution, the commerce power has provided a plenary source of power for

Congress to legislate.

First, Congress can legislate regarding any activity

actually in interstate commerce (e.g., regulation of the shipping or transit of goods) since it has plenary authority under the Commerce Clause to determine what legislation is required. United States v. Darby, 312 U.S. 100 (1941). As early as Gibbons v. Odgen, 9 Wheat. 1 (1824), the Court stated that the Commerce power is "complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution." Further, Congress can reach even a local activity that is purely intrastate in character "where the activity, combined with like conduct by others similarly situated, affects commerce among the states or with foreign nations." Fry v. United States, 421 U.S. 542, 547 (1975); Heart of Atlanta Motel, Inc. v. United States, 379 U.S.

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241, 255 (1964); Wickard v. Filburn, 317 U.S. 111, 127-128 (1942). Pursuant to its implied power to enact legislation necessary and proper to the regulation of interstate commerce, Congress can regulate even wholly local activity so long as Congress could rationally conclude that such legislation affects interstate commerce. "The judicial task is at an end once the Court determines that Congress acted rationally in adopting a particular regulatory scheme." Hodel v. Virginia Surface Mining & Reclamation Association, 452 U.S. 264, 276 (1981). See Heart of Atlanta Motel, Inc. v. United States, 379 U.S. at 262; Katzenbach v. McClung, 379 U.S. 294, 304 (1964).

H.R. 3870 specifically includes as proposed findings of fact that consumption of alcoholic beverages is a major cause of vehicular accidents, that a disproportionate number of accidents are caused by drivers under the age of 21 and that the proposed legislation is "necessary for the public safety and welfare." Assuming that the legislative record contains support for these statutory findings, Congress has power under the Commerce Clause to enact the proposed legislation. The Supreme Court has noted: "The Court must defer to a congressional finding that regulated activity affects interstate commerce, if there is any rational basis for such a finding." Hodel, 452 U.S. at 276; Heart of Atlanta Motel Inc., 379 U.S. at 258; Katzenbach v. McClung, 379

U.S. at 303-304.

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