Pubdate: Tue, 05 Jun 2001 Source: Newsday (NY) Copyright: 2001 Newsday Inc. Contact: http://www.newsday.com/homepage.htm Details: http://www.mapinc.org/media/308 Section: Opinion, Pg A35 Author: James Pinkerton, Columnist for Newday BUSH HAS A REASON TO RELAX FEDERAL MANDATES I'm a baby boomer, so it's been a quarter-century since I was 19-the age of Jenna and Barbara Bush when the presidential twin daughters received misdemeanor alcohol citations in Texas last week. I confess I had no idea that the law in the Lone Star State would put Jenna, who was earlier busted for booze, at risk of a six-month jail sentence if she gets nabbed a third time. And while Texas may have the nation's toughest liquor laws, news accounts from around the country were an eye-opener for me. California, where I went to school in the late '70s, already had a drinking age of 21. Which is to say, just about everyone I knew in college was in constant violation of the law when on campus, oftentimes when off campus. To be sure, it wasn't easy for us underagers to saunter into a bar and be served, but we did it anyway, confident that the worst that could happen is we'd be thrown out. The idea of calling the cops was unheard of. At the risk of sounding prematurely Andy Rooney-ish, I'll say times sure have changed. A reader might say, "Well, Jim, you didn't know any of this because you're a childless Washingtonian who has lived so long inside the Beltway that you have no feel for how real people live their lives out in the Heartland." And that's true, of course. But if I don't have much first-hand familiarity with law enforcement as practiced against young people these days, I do know something about law creation here in D.C. And so I know, for example, that the Texas statute putting young Jenna at risk of six months in the slammer has its origins here in Powertown. As the Associated Press reported, Jenna's father, then-Gov. George W. Bush, "signed the law in 1997 after the federal government threatened to withhold highway funding from states unless they adopted 'zero-tolerance' underage drunken driving laws." And I know that this crackdown on states' rights began, ironically enough, during the presidency of Ronald Reagan, when Secretary of Transportation Elizabeth Dole worked with both Republicans and Democrats to force states to raise their drinking ages by threatening their highway funding. A good idea? Most people, worried about drunk driving, probably thought so, and probably still do. I also know that the "success" of this effort has been replicated in many other instances, as Uncle Sam squeezes the states to enforce a myriad federal mandates-many of which were never specifically authorized by Congress-covering everything from drug testing to gun possession to seat belts. Along the way, a new legal phenomenon has emerged: Call it policing without thinking, and judging without judgment. That is, since few people truly think that the offense of the Bush daughters is much of an offense, enforcement of all these new laws is by the book. Indeed, any variation-in the name of, say, good sense-leaves authorities open to charges of disparate impact or racial profiling. Moreover, "zero tolerance" schemes today extend far beyond alcohol enforcement. Kindergarten cops nail kids who carry guns and kids who draw guns-even kids who point breaded chicken fingers at each other-with equal vigor. This may be the law, but is it common sense? Not according to lawyer Philip Howard, author of a new book, "The Lost Art of Drawing the Line: How Fairness Went Too Far," in which he writes that "justice today is purposeless." In an interview, Howard observed, "We'd rather mandate injustice for everyone than tolerate occasional injustice by letting people exercise discretion." I may not know how to help reduce teen drinking, but I doubt that many of my fellow Washingtonians know how either. But maybe one difference that sets me apart from them is that I'm willing to say: This is ridiculous. Let state and local governments figure out how to deal with these matters, without taking orders from folks in the 202 area code. Will my opinion be heeded? If the past is any predictor, probably not. But I've been joined here in Washington by George W. Bush. As Texas governor, he seemed content to be on the receiving end of federal mandates. Yet now as president, he's on the giving end of the legal equation. And as a father, he now has occasion to rethink the impact of federal mandates on young people everywhere. - --- MAP posted-by: Keith Brilhart