In the 1860s, the Supreme Court of the United States heard the case of McGuire v. Commonwealth. Mr. McGuire was prosecuted and convicted for retail distribution of liquor in Massachusetts, where the so-called “temperance movement” had taken hold. Regardless of his federally issued license to sell liquor, Mr. McGuire was indicted and convicted of selling liquor in violation of state law. At the Supreme Court, his attorneys argued that the federal power to sell licenses for the wholesale of liquor preempted the power of the Commonwealth of Massachusetts to effectively nullify those licenses by prosecuting those who attempted to use them. If the states could do so, they would essentially hold the power to excuse themselves from the authority of Congress on any taxation and licensing issue. Their arguments were not availing.
Although the heart of the legal issue was the relationship between federal and state power, Messrs. Cushing and Richardson, the attorneys, were at their best in arguing against temperance laws on their own merits. They argued persuasively (especially to those of us with the benefit of hindsight) against prohibition. Many of their points are worth consideration for how prescient they were and how applicable they remain.
1. It is not true, as alleged, that wines, fermented liquors, or even distilled spirits, are poisons of themselves, otherwise than that everything we eat or drink may be deleterious if used in excess.
It is always striking how the word “temperance” is always used to mean “abstinence”, while the word itself surely implies “moderation.” And not only is alcohol not an evil in itself, it has health benefits as will be seen later.
2. In view of the example and injunctions of our Saviour and his Apostles, in this respect, it cannot be true that the use of wine is immoral of itself.
Rumor has it that there are actually certain Christian sects that claim that when Jesus turned water into wine that it was non-alcoholic because it did not have time to ferment. As if Jesus’s power was limited to changing water into grape juice and was insufficient for turning sugar into alcohol and carbon dioxide.
3. It is not true, as pretended, that it is our duty to abstain utterly from any object of health or enjoyment because others may abuse it. The effect of this doctrine would be to deprive us of everything desirable, even the dearest of all human relations; since nothing exists for the use of man which some men will not abuse.
This is a very similar argument to the one made in an earlier post on this blog about prohibitions on gambling. Viz. the fact that some people are unreasonable is not a sufficient reason to ban reasonable people from X.
4. It avails nothing to make war on the sale of distilled spirits; for spirits may be distilled in every man’s kitchen, by means as cheap, as accessible, and as manageable as the preparation of a cup of tea or coffee; and if it were not so, other anaesthetic agents exist, which the law cannot reach, such as opium and bang, the familiar means of intoxication used by more than half of the human race, to say nothing of the professed anaesthetic medicaments.
There are two arguments here, both of which are commonly advanced regarding the prohibition on hemp. 1. Despite the insane amount of money spent on the “war on drugs”, hemp is still easy to grow or otherwise obtain, and 2. cracking down on any given drug drives people to other drugs, often more dangerous ones. Many people have observed that if hemp were more available and accepted, that would be a tremendous step toward overcoming the current opioid crisis.
5. The universal prevalence of the use of one or another object of this nature, in all ages, all countries, and all states of society, serves to show that they satisfy a physical exigency of man’s organization as imperative as that of food, and of course laws cannot eradicate, although they may regulate, such use.
Ah yes, the biological imperative to get impaired. People have always self-medicated for depression, anxiety, and all of the other conditions for which we have only lately had names. Wine may not be the best medicine for these maladies, but it is also far from the worst.
6. It shocks the sense of mankind, to prohibit absolutely by law the use of wines, fermented liquors, and distilled spirits as a healthful beverage in moderation of use; and the effect of such laws, if rigidly enforced, would only be to introduce by the side of the vice of drunkenness, the worse one of universal hypocrisy.
Again, the parallels with arguments over legalized hemp are stunning. Several states have decriminalized hemp specifically for medicinal use. Those who would impose a total ban on hemp “for the public health” are surely hypocrites in this regard.
7. It confounds all distinction of right and wrong, in the acts of instructed men, and in the conscience of the less instructed, to seek to elevate the use of wine to the dignity of an illegal and immoral thing, for the suppression of which all the energies of society should be tempestuously exerted.
There is a lot going on here. In the first place, there is an important misrepresentation of the law. The laws of prohibition (be they alcohol, hemp, opium, etc.) traditionally do not criminalize the use of the product. It is not illegal to consume hemp, it is illegal to have hemp. This distinction is important because laws properly curtail actions rather than things. One should always remember that when a law purports to ban a thing, it is actually banning you from doing something. All bans are essentially limits on personal freedom.
Secondly, they touch on the amount of government effort that would be required to actually suppress the consumption of alcohol. The combined effect of alcohol prohibition and the “war on drugs” set back society immeasurably, if only because of the tremendous waste of money and manpower on the (attempted) enforcement of these laws.
The so-called temperance agitation has effected no abatement, in the whole, of the use or abuse of intoxicating drinks, and in the end will probably produce, by recoil, a state of things worse than that which existed before the agitation. No superiority then over the nation is due to those legislators of Massachusetts, who pretend to be “more powerful than Nature, wiser than Truth, better than God.”
Beer of the week: Lakefront IPA – It is a new year, but not a new beer. I’ve had this Milwaukee brew several times, and occasionally on-site at the Lakefront Brewery. The head leaves plenty of good lacing on the glass. The flavor is quite balanced, with a solid malt body layered with plenty of juicy hops. Lakefront are certainly doing good work.
Reading of the week: McGuire v. The Commonwealth, 70 U.S. 3 Wall 387 (1866) – There are some people who think that government regulation is the solution to every societal problem. But positive law is extremely limited in what it can accomplish. As the learned counsellors argue: “English and American society has been floundering along from one folly to another in the paths of false theory and unphilosophical legislation, under the influence of the idea that statute law is the all-sufficient remedy of every sort of human infirmity; an idea which is itself the special human infirmity of the well-intentioned people of New England.”
Question for the week: The temperance movement was led by Christians. What is the strongest scriptural basis for a policy of teetotaling?
We are told that there are certain individuals who subscribe to a notion known as “biblical literalism”. These people, allegedly, take the Bible as being quite literally true and accurate in all respects. But I doubt that anybody who has given the matter any thought actually holds such a belief. A very simple question based entirely on the first page of Genesis serves to disabuse anybody of the idea that the Bible can be read as literal fact rather than as allegory: in which order were plants, animals, and man created?
The first creation story, contained in the First Chapter of Genesis places the creation of plants in the third day. All sorts of plants sprouted all over the land and bore seeds according to their type. Animals came to be on the fifth day. Humans were created on day six.
1. Plants; 2. Animals; 3. Man.
In the second creation story, contained in the next chapter of Genesis, humans were created before any plants had sprouted. Only after the creation of man did God make trees for the garden of Eden. Then, after man was in the garden, God made all of the animals to keep him company.
1. Man; 2. Plants; 3. Animals.
If they are taken as literal accounts, these two creation stories are irreconcilable. Biblical literalism can go no further than the very first page of the very first book of the Bible. And because this initial contradiction is so evident and so immediate, it seems unlikely that anybody truly is a biblical literalist. This is actually helpful, because it immediately indicates that the purpose of the Bible is to teach something other than literal history. What is left open, however, is the question of what the Bible really means…
Beer of the week: Grapefruit Sculpin- Traditionally, the fruit of the Tree of Knowledge is represented as an apple. But who’s to say that it wasn’t a grapefruit? This beer is a grapefruit twist on Ballast Point’s Sculpin IPA. The grapefruit aroma is evident as soon as the can is cracked. The beer pours with a fluffy head that hangs around. It has some of the bitterness of grapefruit rind and a smooth finish. Pretty good.
Reading of the week: The Book of Genesis, Chapters 1 & 2 – In my younger days, I liked to engage street evangelists. On multiple occasions, I found them unaware that there are two distinct creation accounts. I suspect that they had simply not read much scripture, and had received their Biblical teaching second-hand.
Question for the week: The logical conclusion from the conflicting creation accounts is that they are allegorical, and that each is intended to teach a different lesson. Having abandoned these as literal accounts of creation, is there any reason that creationism remains in conflict with evolution, etc.?
This is the twelfth in a series on Franklin’s moral improvement plan, the rest of the posts are available here.
TRANQUILLITY: Be not disturbed at trifles, or at accidents common or unavoidable.
As discussed in more than one earlier post, Epictetus is pretty much the go-to guru on not being disturbed by trifles. Did your favorite beer glass shatter when you dropped it? Hey, that’s what glass does; it breaks. You enjoyed it while you had it, but now it has just started it’s long and inevitable return to its constituent parts. Did you get splashed at the swimming pool? What did you expect? Water gets splashed around at the swimming pool, no big deal. Did your wife or child die? People are mortal; get over it.
Ok, so the death of a family member is more than a trifle. And when Epictetus compares the death of a child to the breaking of a cup, it just doesn’t ring true. Surely nobody is that stoic. At least no mentally healthy person is. (And, as I noted before, there is no reason to think that Epictetus was ever married or fathered any children. So he didn’t really know what it is like to lose a wife or child.)
Seneca, at least, admits that a certain amount of grief is appropriate in the face of death. “Let not the eyes be dry when we have lost a friend, nor let them overflow,” he writes. “We may weep, but we must not wail.” He admits that even this allowance seems harsh, but his reasoning is somewhat more compelling than that of Epictetus. To Seneca, pronounced grief is a false show of affection. Loud wailing is an outward attempt to prove one’s love. However, one can only keep up abject mourning for so long. So if the measure of one’s love for the departed is the extent of his wailing, then even the most bereaved must finally “be over” the loss. True friends, however, will measure their love, not in tears, but in happy memories. Because unlike lamentation, which must eventually exhaust itself, happy memories can go on indefinitely.
Beer of the week: Lagunitas IPA – This California/Chicago IPA is a lovely orange-gold with fluffy white foam. Although there is plenty of hops, it is not excessively bitter. This is a nice malty India pale ale with a hint of tartness in the finish.
Reading for the week: Letter LXIII to Lucilius from Seneca – Another problem that Seneca observes with abject lamentation is that it shows that the loved one was not appreciated enough during his life. It smacks of carelessness to wail over the time that one should have spent with the deceased. After all, shouldn’t we direct all of that emotion toward the friends that are still with us, lest we set up a cycle of waiting until death to give voice to our love?
Question for the week: Are you making the most of the limited time that you have with your friends and family? (Obviously not. Rather, how can you make better use of your time with your friends and family?)
This is the tenth in a series on Franklin’s moral improvement plan, the rest of the posts are available here.
MODERATION: Avoid extreams; forbear resenting injuries so much as you think they deserve.
As I noted in an earlier post, Sydney winters never get cold enough for a proper polar bear plunge. As a result, those who want a real winter swim have to be creative. Members of the Bondi Icebergs Club take blocks of ice with them into their beautiful tidal swimming pool. Cold water swimming is meant to be both salubrious and invigorating.
On the other temperature extreme (and on the other side of the world) are the Finns, who take great pride in their scorching hot saunas. There are even competitions (some of which end quite badly) where contestants attempt to sit in the hottest temperature for the longest period. Aside from the dangers associated with doing it competitively, the use of saunas is regarded as healthful and rejuvenating.
How does one reconcile these practices with the general proposition that extremes are harmful? The conclusion, I think, must be that extremes are not dangerous in themselves. A certain amount of extremity pushes the body (or the mind), very much in the way that physical exercise does. What is dangerous about extremes is when they cease to be extreme. Extremes are extraordinary conditions to be endured, and they should not be allowed to become ordinary.
Beer of the week: Pop-Up IPA – A “session” IPA is a tribute to moderation. It is a drink for those who want the flavor of an IPA without the extreme hopping or alcohol level. Unfortunately, I think that Boulevard dialed this beer back a little too much. To be sure, it is a fine beer, but the flavor is not quite as full as I would like. Pop-Up is a cloudy session IPA with a thick, sticky head. The beer’s aroma is dominated by grassy, floral hops. The aftertaste has a hint of pepper.
Reading for the week: Tartuffe, or the Hypocrite by Molière, Act I, Scene VI – “Men,” says one character in this scene, “for the most part, are strange creatures, truly! You never find them keep the golden mean; The limits of good sense, too narrow for them, Must always be passed by, in each direction; They often spoil the noblest things, because They go too far, and push them to extremes.”
Question for the week: Are occasional extremes really good for us, or is that just a justification for indulging in extremes that ought to be avoided.
Some “small-government” and “states’ rights” proponents are less cynical, and even defend the failed Confederate States on the grounds that the CSA were motivated by self-determination, states’ rights, and principled politics. But do the historical documents bear that out?
Beer of the week: Slow Ride Session IPA – To avoid (additional) needless controversy, I have paired this reading with a beer from a Colorado, which was not yet a state during the brief existence of the CSA. New Belgium’s session IPA is quite good. My 12-pack seems to have been over carbonated; every can foamed over when opened. Otherwise, there is nothing to complain about. The beer is a hazy orange-yellow with lots of white foam. Some yeasty aroma makes it past the strong, citrusy hops smell. The flavor is not as strong as expected, but it is nicely balanced and refreshing with a nice citrus finish. One certainly could drink this beer over the course of a long session.
Reading of the week: The Constitution of the Confederate States of America – This is the kind of thing that every middle school student in the United States should be required to read in history class. It did not even occur to me that I should read it until I was in my late twenties. It is instructive as to the causes of the Civil War, but also a useful tool for evaluating the Constitution of the United States.
Question of the week: There are some other changes worth mentioning: the CSA president would have served for 6 years with no chance for reelection. Also, all bills passed by congress would have a single purpose (eliminating omnibus bills and unrelated riders.) Finally, the president would have the power to issue line item vetoes. Are any of the changes made by the Confederates worth considering as amendments to the Constitution of the USA?