Richard B. Collins, D. Oesterle, Lawrence Friedman
{"title":"Intoxicating Liquor","authors":"Richard B. Collins, D. Oesterle, Lawrence Friedman","doi":"10.1093/oso/9780190907723.003.0022","DOIUrl":null,"url":null,"abstract":"This chapter examines former Article XXII of the Colorado Constitution, which governed intoxicating liquor. Original Article XXII, adopted in 1916, was a statewide prohibition law. National Prohibition followed in 1920. As repeal of the national ban loomed in 1932, Article XXII was amended to repeal state prohibition. The amended article gave the general assembly broad power to regulate intoxicating liquors. Statutes delegated significant authority to local governments, but under Article XXII, state law governed any conflict. Repeal of the article in 2009 removed the source of the state’s paramount authority. This raised questions about possible home rule authority of local governments, but so far no dispute has generated a reported judicial decision.","PeriodicalId":364814,"journal":{"name":"The Colorado State Constitution","volume":"5 1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Colorado State Constitution","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/oso/9780190907723.003.0022","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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Abstract
This chapter examines former Article XXII of the Colorado Constitution, which governed intoxicating liquor. Original Article XXII, adopted in 1916, was a statewide prohibition law. National Prohibition followed in 1920. As repeal of the national ban loomed in 1932, Article XXII was amended to repeal state prohibition. The amended article gave the general assembly broad power to regulate intoxicating liquors. Statutes delegated significant authority to local governments, but under Article XXII, state law governed any conflict. Repeal of the article in 2009 removed the source of the state’s paramount authority. This raised questions about possible home rule authority of local governments, but so far no dispute has generated a reported judicial decision.