Last time I wrote about the truly odd lawsuit brought in 1920 by the distinguished attorney and statesman Elihu Root challenging Prohibition, which had just been ratified as the Eighteenth Amendment to the U.S. Constitution. Hired by some of the nation’s brewers, whose livelihoods was about to disappear, Root’s lawsuit made the truly quixotic claim that this new amendment to the Constitution was, somehow . . . unconstitutional. The Supreme Court’s decision that his argument was absurd lacks the kind of detailed reasoning and citations normally found in a Supreme Court decision, but it reached the right conclusion, regardless of how one feels about Prohibition. What many people may not be awa
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