National Minimum Drinking Age Act

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The National Minimum Drinking Age Act of 1984 is a federal law signed by President Ronald Reagan (R) on July 17, 1984, that prohibited the purchase and possession of alcoholic beverages for individuals under the age of 21. The law banned the purchase of alcohol underage but did not outlaw the consumption of alcohol underage.[1][2]

Background

The National Minimum Drinking Age Act was established by Congress in 1984 in an effort to encourage a national minimum drinking age. The bill was sponsored by Rep. Michael D. Barnes (D-Maryland) with the goal of reducing drunk driving and providing an incentive to states to maintain a minimum drinking age of 21.

The bill was referred to the Subcommittee on Surface Transportation, which led to an amendment to the Surface Transportation Assistance Act of 1982. The amendment aimed to punish states that allowed the purchase of alcoholic beverages under the age of 21: "The Secretary shall withhold 10 per centum of the amount required to be apportioned to any State under... this title on the first day of the fiscal year succeeding the second fiscal year beginning after September 30, 1985, in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than twenty-one years of age is lawful."[1][3]

South Dakota v. Dole

South Dakota v. Dole was a case decided by the United States Supreme Court on June 23, 1987, that upheld the constitutionality of the National Minimum Drinking Age Act. The case concerned whether withholding a percentage of federal highway funding from states that did not comply with the act exceeded Congress' spending power under the General Welfare Clause. The Supreme Court decided in a 7-2 decision that Congress could impose conditions on state grants without exceeding constitutional authority.[4]

Provisions

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The bill prohibited the purchase and public possession of alcoholic beverages for individuals under the age of 21. States that permitted the underage purchase or possession of alcoholic beverages had 10% of federal highway apportionment withheld.[2][3]

The act included exceptions for public possession of alcohol including, "for an established religious purpose; when accompanied by a parent, spouse or legal guardian age 21 or older; for medical purposes when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital or medical institution; in private clubs or establishments; or to the sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful employment of a person under the age of twenty-one years by a duly licensed manufacturer, wholesaler, or retailer of alcoholic beverages."[2]

The law does not ban the consumption of alcohol under the age of 21 and states have the power to enact their own laws pertaining to the legal drinking age. Five states (Alabama, Arkansas, Idaho, New Hampshire, and West Virginia) have banned the consumption of alcohol under the age of 21. Other states permit underage alcohol consumption in certain circumstances, such as in the presence of parents or for religious purposes.[5]

See also

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Footnotes