Bootleggers and Baptists
Encyclopedia
Bootleggers and Baptists, is a model of politics in which opposite moral positions lead to the same vote. Specifically, preachers demand prohibition to make alcohol illegal while the criminal bootlegger wants it to stay illegal so he can stay in business. One version deals with regulation
s on the sale of alcoholic beverage
s (blue law
s), which was first proposed by Bruce Yandle
in a 1983 Regulation Magazine article. The story can easily be applied to other regulations.
." The Baptists' electorate votes the county dry.
But the demand for alcohol does not disappear with the supply. People still want to drink on Sundays and so the bootlegger
s step up and illegally sell alcohol. And because the supply is restricted because far fewer people are selling liquor, one day a week the bootlegger gains monopoly power and the lucrative market that goes with it.
The Baptists, in their turn, point to the widespread use of alcohol on Sunday as evidence that laws need to be tightened further, and propose to ban sale of alcohol on Saturday as well. This causes a spiral of tougher and tougher laws that are enforced less and less.
Willie Morris
's memoir North Toward Home contains an example of this phenomenon:
effectively acts as the go-between, taking the bootlegger's campaign contributions and citing the preacher's morals in speeches.
in the state of California
, many growers, who were operating illegally or growing for medical purposes (which was legal at the time), expressed opposition to the new law. While in theory, legalization would make their operations no longer unlawful, the growers expressed concern that they would be damaged financially by the need to collect and pay taxes, plus the loss of the large profits to be had by selling into a black market soon to grow lower if legal competition occurred.
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
s on the sale of alcoholic beverage
Alcoholic beverage
An alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
s (blue law
Blue law
A blue law is a type of law, typically found in the United States and, formerly, in Canada, designed to enforce religious standards, particularly the observance of Sunday as a day of worship or rest, and a restriction on Sunday shopping...
s), which was first proposed by Bruce Yandle
Bruce Yandle
Bruce Yandle is dean emeritus of Clemson University's College of Business & Behavior Sciences and a professor of economics emeritus at Clemson. He is a Distinguished Adjunct Professor of Economics at the Mercatus Center, a faculty member with George Mason University's Capitol Hill Campus, and a...
in a 1983 Regulation Magazine article. The story can easily be applied to other regulations.
The story
One version begins with preachers in a rural county demanding the government ban the sale of alcohol on Sundays. "Alcohol", they say, "is a vile drink and efforts should be made to restrict its spread through society, especially on the Lord's DayLord's Day
Lord's Day is a Christian name for Sunday, the day of communal worship. It is observed by most Christians as the weekly memorial of the resurrection of Jesus Christ, who is said in the four canonical Gospels of the New Testament to have been witnessed alive from the dead early on the first day of...
." The Baptists' electorate votes the county dry.
But the demand for alcohol does not disappear with the supply. People still want to drink on Sundays and so the bootlegger
Rum-running
Rum-running, also known as bootlegging, is the illegal business of transporting alcoholic beverages where such transportation is forbidden by law...
s step up and illegally sell alcohol. And because the supply is restricted because far fewer people are selling liquor, one day a week the bootlegger gains monopoly power and the lucrative market that goes with it.
The Baptists, in their turn, point to the widespread use of alcohol on Sunday as evidence that laws need to be tightened further, and propose to ban sale of alcohol on Saturday as well. This causes a spiral of tougher and tougher laws that are enforced less and less.
Willie Morris
Willie Morris
William Weaks "Willie" Morris , was an American writer and editor born in Jackson, Mississippi, though his family later moved to Yazoo City, Mississippi, which he immortalized in his works of prose. Morris' trademark was his lyrical prose style and reflections on the American South, particularly...
's memoir North Toward Home contains an example of this phenomenon:
Description
The bootleggers and the preachers both have an incentive to limit the legal consumption and distribution of alcohol, the former with the economic reason and the latter with the ethical justification that people will support, though by their very nature the two groups wouldn't get along. The politicianPolitician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
effectively acts as the go-between, taking the bootlegger's campaign contributions and citing the preacher's morals in speeches.
Cannabis
In responses to a 2010 ballot initiative to legalize cannabisCannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
in the state of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, many growers, who were operating illegally or growing for medical purposes (which was legal at the time), expressed opposition to the new law. While in theory, legalization would make their operations no longer unlawful, the growers expressed concern that they would be damaged financially by the need to collect and pay taxes, plus the loss of the large profits to be had by selling into a black market soon to grow lower if legal competition occurred.
See also
- MoonshineMoonshineMoonshine is an illegally produced distilled beverage...
- Rum-runningRum-runningRum-running, also known as bootlegging, is the illegal business of transporting alcoholic beverages where such transportation is forbidden by law...
- Regulatory captureRegulatory captureIn economics, regulatory capture occurs when a state regulatory agency created to act in the public interest instead advances the commercial or special interests that dominate the industry or sector it is charged with regulating. Regulatory capture is a form of government failure, as it can act as...