Law as Performance Art?

Pity the guy’s poor students.

Critics across partisan lines assail Florida’s new gun law
Retired prosecutor and Florida law professor Bob Dekle sees no legal issue with raising the rifle-purchase age to 21, saying, the framers of the Constitution intended for 21 to be “the age of being adult.” He noted that the same age applies to voting and drinking.

Assuming this is an accurate reporting of what he said, I’d like to know in what universe he lives.  (I asked; no response yet.)

In this universe, the Constitution did not specify any age limit for voting, leaving it up to the states. Until, that is, 1971 — almost 47 years ago — when the 26th Amendment set 18 years of age as the minimum when states must allow citizens to vote. Not 21, Prof.  Dekle.

Again, assuming the report is accurate, Dekle’s incapacitation might make a good argument for a maximum voting age amendment; I’m thinking 68yo.

As for the drinking age, that isn’t in this universe’s US Constitution at all; it’s statutory: Minimum Drinking Age Act of 1984. Yes, 1984; not 1787 or 1789. Even then, all states did not immediately comply, and many still have age exemptions for nonpublic drinking.

One might also note that the Militia Acts of 1792 (rather close to the adoption of Constitution) mandated a minimum age of 18 years for membership in the militia (and when called were required to appear with arms and ammunition).

Is Dekle really a law professor, or is that an elaborate bit of performance art?

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3 thoughts on “Law as Performance Art?”

  1. If the under 21 years olds had not fought for our freedom way back when there would not be a US of A today.

    IMHO if we disarm them today there might not be one tomorrow.

  2. I keep thinking about a meme I saw of Obama in an arrogant pose saying he was a Constitutional law professor. Under it was Grumpy Cat saying “you must have really sucker at that” .


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