Running head: THE NATIONAL MINIMUM DRINKING AGE OF 21
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Creating an Unsafe Nation via Age Discrimination:
The National Minimum Drinking Age of 21
Steven L. Davis
The Pennsylvania State University
Author Note:
Steven L. Davis, College of Engineering Student, The Pennsylvania State University
This paper was completed for the Communication Arts and Sciences (CAS) 138T
course, Section 009, under the instruction of Dr. Christian Spielvogel.
Contact: [email protected]
THE NATIONAL MINIMUM DRINKING AGE OF 21
Abstract
Write abstract here, after review of rough draft, without indentation.
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THE NATIONAL MINIMUM DRINKING AGE OF 21
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Creating an Unsafe Nation via Age Discrimination:
The National Minimum Drinking Age of 21
The purpose of a law is to set boundaries. Laws define what is and what is not
acceptable in our society: what is right and what is wrong. The most important laws protect the
rights of citizens and ensure equality, safety, and freedom in our great nation.
Changing times require changing laws, changing expectations. This month, Governor
Tom Wolf will sign into law the ability for patients to utilize medical marijuana for chronic
pain.source needed Last year, the supreme court set the precedent allowing gay marriage, an
important step to ensuring equality for every American.source needed
It is no secret that change often occurs slower than it ought to. Unfortunately, this delay
in governmental policy can lead to situations where current laws directly go against the values
we uphold as citizens of the United States of America. Out of date laws prohibit equality,
prohibit safety, and prohibit freedom: the values which we claim to be so proud to uphold and
defend.
I firmly believe that the National Minimum Drinking Age Act of 1984 is one of such laws,
one that directly creates inequality, one that undermines public safety, and one that limits our
freedoms.
Ethically, it is unjust to extend limitations on citizens beyond the legal age of adulthood.
Citizens at this age have the responsibility to make decisions for themselves and as such should
have the right to purchase and consume alcoholic beverages as they deem fit. Further, the
broken system of enforcing this unjust law leads to medical consequences that are simply not
justifiable by a legal drinking age five years and 25% higher than most of the world’s nations.
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Studies have concretely shown that the United States’ elevated minimum legal drinking age
leads to an increase in unsafe behavior. Similarly, one of the greatest problems associated with
the consumption of alcohol is driving under the influence. Fewer DUI accidents occur in
countries with lower minimum legal drinking ages; this is not a coincidence. The current
ineffective and unethical system needs to be changed.
“Underage” drinking is a practice that has been outlawed and stigmatized for too long. It
is time to take action to improve the equality, safety, and freedom of United States citizens and
make changes to the minimum legal drinking age.
The National Minimum Legal Drinking Age
The National Minimum Legal Drinking Age Act was signed into law in 1984 as an
amendment to the Surface Transportation Assistance Act of 1982.1 It federally requires all states
to enact and enforce a 21-year-old minimum drinking age for the purchase and possession of
alcoholic beverages. States failing to meet this mandate would lose 10% of their federal-aid
highway budget.2 This makes it nearly impossible for individual states to not enforce such a law.
Beforehand, in the 1960s and 1970s, many states lowered their minimum legal drinking
ages (MLDAs) to 18 or 19 in response to the legal voting age being lowered to 18.3 However,
after research evidence at the time attributed this change to an increase in traffic crashes among
18-20 year olds, states began to change their MLDAs to 21 and the federal government
nationalized this notion with the National Minimum Legal Drinking Age Act of 1984.4 Whether or
not the motives for this law were fitting at the time is in the past. Today, these restrictions are
out of date and need to be reconsidered.
THE NATIONAL MINIMUM DRINKING AGE OF 21
The United States boasts the oldest drinking age on our planet, excluding the sixteen
Muslim nations where alcohol is illegal at any age as determined by Sharia law. In Iran,
consumption of alcohol warrants a punishment of 80 lashes. A death sentence is often given to
those who acquire a third offence.8 Most nations, however, are not this strict. Only eleven
countries share an MLDA of 21 with the United States. 162 nations set their limits at age 19 or
below.9
Figure 1: The Minimum Legal Drinking Age in 190 Countries10
It has been over thirty years since the MLDA of the United States was nationalized to 21
years old. For many reasons, this law is out of date and should be reconsidered.
Ethical Considerations
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To begin, the MLDA of 21 raises ethical concerns, as it curtails the legal age of adulthood
in the United States. The concept of legal adulthood is defined as “a person who by virtue of
attaining a certain age… is regarded in the eyes of the law as being able to manage his or her
own affairs.”5 The MLDA requirement, however, directly undermines the responsibility expected
of United States adults. U.S. adults may freely purchase guns, enter into binding contracts, enlist
in the military and fight overseas, and provide legal judgement by serving on a jury.6 These are
just a few of the rights and responsibilities of legal adults. Despite these serious responsibilities,
legal adults aged 18 to 20 may not purchase or consume alcohol. These citizens deserve the
right to make decisions for themselves, and are able to face the consequences of these
decisions.
Furthermore, the MLDA of 21 creates disrespect for the law and prompts young
Americans to make unnecessary ethical compromises. For example, in order for teenagers to
partake in the normal social activity of drinking, they are forced to purchase fake I.D.s or
pressure older people to break the law for them. These practices are not ones that should be
encouraged by the government. Enforcing a law that is clearly unjust promotes a general disdain
and lack of respect for rules with purpose. An unnecessarily high MLDA forces young people to
commit additional unlawful behaviors in order to participate in what is a normal aspect of both a
global and national social scene.
Unsafe Behavior
The MLDA of 21 also promotes unsafe behavior, most notably binge drinking. John M.
McCardell, the president emeritus of Middlebury College stated, "The principal problem of 2009
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is not drunken driving. The principal problem of 2009 is clandestine binge drinking."7 Because
young people cannot legally purchase or consume alcohol, it is common practice to binge drink.
When young people do choose to drink, they drink to get drunk. This practice is incredibly
unsafe, and unfortunately, it is on the rise despite a minimum legal drinking age law. Since 1979,
levels of binge drinking among college aged males has remained relatively the same, however, it
has increased by 20% for non-college women and 40% for college women, according to a Journal
of the American Academy of Child and Adolescent Psychiatry study.7 Unfortunately, over 5,000
lives of those under 21 are lost each year to alcohol related deaths, the majority of which are off
of the roadways.11
THE NATIONAL MINIMUM DRINKING AGE OF 21
Figure Two: This Center for Disease Control Infographic clearly
outlines the correlation between age and binge drinking behavior.12
Additionally, an elevated drinking age takes away the ability for parents and school
districts to properly teach alcohol education and forces young people to drink in unregulated
environments. Most illegal drinking takes place in secret, often in unsafe areas like the woods,
crowded basements, or fraternity houses. Allowing young people the ability to drink in safer
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environments like the comfort of their own home (perhaps supervised by parents) or licensed
bars would help to curb unsafe behavior. Similarly, allowing young people to consume alcohol at
an earlier age would let parents teach moderation and safe drinking habits directly to their
children.
The current drinking laws do not promote less drinking, rather, they encourage abnormal
and dangerous consumption. Some young people drink for the thrill of drinking or simply to get
drunk, as they were not taught safe behavior and are forced into unregulated environments. A
study in the Journal of the American Medical Association announced that "despite efforts at
prevention, the prevalence of binge drinking among college students is continuing to rise, and so
are the harms associated with it."add source This needs to change.
DUIs
Incidence of drunk driving has decreased since the enactment of the MLDA Act of 1984.
However, this information is misleading, as these rates have decreased across all age groups and
across the world. Dr. Morris E. Chafetz, the founder of the National Institute for Alcoholism and
Alcohol Abuse claims, “Drunk driving fatalities are lower now than they were in 1982. But they
are lower in all age groups. And they have declined just as much in Canada, where the age is 18
or 19, as they have in the United States.”13
Additionally, more modern studies have shown that the largest proportion of drunk
driving traffic accidents are caused by newly-legal drivers, regardless of age. In the United
States, this group is aged 21 to 24. A study by Thomas Dee and William Evans suggests that any
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increase in accidents caused by younger drivers (18-20) will be offset by safer drivers in the older
age group (21-24).14
As mentioned, drunk driving rates have been decreasing globally. However, accidents
and fatalities have actually been decreasing more quickly in European nations with lower
drinking ages than they have been in America.15 While other variables could be at play, this is
clear support of the fact that the MLDA is not profoundly making the United States a safer place.
Technology, education, and advocacy have all decreased the number of accidents and
fatalities caused by drunk drivers. Nonetheless, the greatest number of deaths occurs at age 21,
followed by 22 and 23, all outside the legal limit.need to find this source The MLDA is not effective in
reducing drunk driving accidents and fatalities. The risks do not outweigh the benefits.
Policy Recommendation
Clearly, the benefits and costs of the Minimum Legal Drinking Age Act of 1984 need to be
reconsidered. There are many progressive steps that could be taken to restore the freedom and
equality taken from young adults.
Most drastically, but perhaps the most intuitive would be to completely repeal the
current legislation. Establishing a minimum age to purchase and consume alcohol could be
determined at a state level, or it could be set federally to the age of 18, in accordance with most
of the world. A complete repeal and transition to a MLDA of 18 would likely restore liberty to
young Americans and promote safer drinking habits.
A more indirect, slow reversion approach could also be taken. The federal government
could make exceptions to the MLDA Act of 1984 for states who implemented appropriate
THE NATIONAL MINIMUM DRINKING AGE OF 21
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education programs to prevent unsafe behavior. This would allow states to lower their drinking
ages while still promoting the safety and well-being of thier residents. As a corollary, states
could enact zero tolerance policies for under-21 DUIs, inflicting large fines and educational
penalties to deter young, drunk drivers from stepping behind the wheel. They could also raise
taxes on alcohol to deter binge-drinkers.
Similarly, another proposed solution could be to provide licenses for those in the age
group 18-21 to purchase alcohol. Although this solution still distorts the meaning of adulthood,
these licenses could be earned by completing proper alcohol and driver education courses.
These licenses would also come with a zero-tolerance policy. Any incidence of DUI, disruptive
behavior, or providing alcohol to true minors would result in the suspension of this privilege until
the age of 21. This would allow for the distribution of alcohol in a more regulated and safe
manner.
Conclusion
It is without a doubt that the United States is behind the rest of the world when it comes
to the minimum legal age to purchase and consume alcohol. Current laws estrange the meaning
of legal adulthood and promote disdain for the law. The MLDA of 21 promotes unsafe drinking
behaviors and puts drinkers and others at risk for harm. Furthermore, the benefits of a MLDA of
21 in terms of drunk driving are not what they used to be. Decreases in drunk driving can be
attributed to other causes, as rates have dropped globally and across all age groups, with
European, low-age nations observing even quicker decreases. Our government officials need to
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reconsider ancient legislation and enact more common-sense policies to restore equality, safety,
and freedom to its citizens.
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Need to revise wording and explanation in all paragraphs
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Need to reorder and make APA the citations
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Add more concrete facts to problem statements
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Further develop policy recommendations
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References
1. Weimer, D. R. (1985). Legal analysis of questions regarding the national minimum
drinking age (United States of America, American Law Division). Washington, D.C.:
Congressional Research Service, Library of Congress.
2. Same as above
3. Toomey, T. L., Nelson, T. F., & Lenk, K. M. (2009). The age-21 minimum legal drinking age:
A case study linking past and current debates. Addiction, 104(12), 1958-1965. Retrieved
April 3, 2016.
4. Same
5. http://legal-dictionary.thefreedictionary.com/Adult
6. http://www.chooseresponsibility.org/article/view/15538/1/2642/
7. http://ic.galegroup.com/ic/ovic/ViewpointsDetailsPage/ViewpointsDetailsWindow?failOv
erType=&query=&prodId=OVIC&windowstate=normal&contentModules=&displayquery=&mode=view&displayGroupName=Viewpoints&limiter=&u=psucic&currPage=&di
sableHighlighting=false&displayGroups=&sortBy=&source=&search_within_results=&p=
OVIC&action=e&catId=&activityType=&scanId=&documentId=GALE%7CEJ3010436248
8. Fisher, M. (2012, June 28). Forbidden Drink: Why Alcoholism Is Soaring in Officially BoozeFree Iran. Retrieved April 04, 2016, from
http://www.theatlantic.com/international/archive/2012/06/forbidden-drink-whyalcoholism-is-soaring-in-officially-booze-free-iran/259120/
9. Minimum Legal Drinking Age (MLDA) in 190 Countries. (2016, March 10). Retrieved April
04, 2016, from http://drinkingage.procon.org/view.resource.php?resourceID=004294
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10. Same
11. http://ic.galegroup.com/ic/ovic/ViewpointsDetailsPage/ViewpointsDetailsWindow?failOv
erType=&query=&prodId=OVIC&windowstate=normal&contentModules=&displayquery=&mode=view&displayGroupName=Viewpoints&limiter=&u=psucic&currPage=&di
sableHighlighting=false&displayGroups=&sortBy=&source=&search_within_results=&p=
OVIC&action=e&catId=&activityType=&scanId=&documentId=GALE%7CEJ3010436248
12. Infographic Binge Drinking: A Dangerous Problem among Women and Girls infographic.
(2013, October 11). Retrieved April 04, 2016, from
http://www.cdc.gov/vitalsigns/bingedrinkingfemale/infographic.html
13. http://drinkingage.procon.org/view.answers.php?questionID=1610
14. http://drinkingage.procon.org/sourcefiles/DeeBehavioralPoliciesAndTeenTrafficSafety.pd
f
15. http://drinkingage.procon.org/