National Review, June 25 2001

IT was a day of shame for the Bushes, an incident made all the more embarrassing by the family's previous well-publicized difficulties with alcohol. I refer, of course, to the regrettable 1997 decision by then-governor George W Bush to approve legislation further toughening the penalties for underage drinking. In Texas, the legal drinking age is 21. A typical Texan of 19—let's call her "Jenna"— is judged to be responsible enough to vote, drive, marry, serve in the military, and (this is Texas) be executed, but she is not, apparently, sufficiently mature to decide for herself whether to buy a margarita. The 1997 legislation made things worse: Miller Time could now mean hard time, a possible six months in jail for a third offense. It is a ludicrous and demeaning law, but it has been policed with all the gung-ho enthusiasm that we have come to expect in a land where the prohibitionist impulse has never quite died. In Austin, there is now a special squad of undercover cops dedicated to fighting the scourge of teenage tippling. In other words, they hang around in bars.

The crusade does not stop there. The Texas Commission on Alcohol and Drug Abuse boasts a campaign called "2young2drink," which features billboards, a hot line (Denounce your friends!), and a program enticingly known as "Shattered Dreams." Other efforts include the Texas Alcoholic Beverage Commission's sting operations (Make your kid a snoop!) and, for those parents 2stupid2think, a helpful series of danger signs compiled by the Texas Safety Network. One early indicator that your child is drinking may be the "smell of alcohol on [his] breath." Who knew?

But it's unfair to single out Texas. The legal drinking age has been raised to 21 in every state, a dreary legacy of Elizabeth Dole's otherwise unremarkable tenure as President Reagan's transportation secretary. She is not apologizing; her only regret is that the age of barroom consent was not increased to 24. In her jihad against gin, Mrs. Dole forgot that the guiding principle of the Reagan administration was supposed to be a reduction in the role of the state.

And, as usual, government is not going to do any good. The only circumstances in which the approach taken by the zero-tolerance zealots could have the faintest chance of success would be in a society where alcohol was a rarity. Zero tolerance has been a disastrous failure in the case of young people and illegal drugs; how can it be expected to work with a product that is available in every mall or corner store? Sooner or later, your child will be confronted with that seductive bottle. The only question is how he is going to deal with it.

Not well, if the Dole approach continues to hold sway. Demonizing alcohol—and thus elevating it to the status of forbidden fruit—is counterproductive. Adult disapproval magically transforms that margarita from a simple pleasure into an especially thrilling act of rebellion.

My parents avoided this error. Growing up in more tolerant England, I could always ask them for a drink, and, fairly frequently, I would even be given one. At least partly as a result, I went through adolescence without feeling any need to drink a pint to make a point. My drinks were for the right reasons. The only recollection I have of any real parental anxiety in this area was when, at the age of about 13, I accepted a brandy from a friend of the family (an alleged murderer, as it happens, but that's another story). The worry was not the drink, but the uninsured glass containing it: antique, priceless, and, as our host explained to my trembling mother, quite irreplaceable. In the event, the glass survived me, and I survived the drink.

Parents, not bureaucrats, are the best judges of how and when their offspring should be permitted to drink. Intelligent parents don't let alcohol become a big deal, a mystery or a battleground. They teach its perils, but its pleasures, too. Have a bottle of wine on the table, and let the kids take a gulp; it will not, I promise, turn them into Frenchmen. Treat a drink as a part of growing up, as something to be savored within a family, rather than guzzled down in some rite to mark passage from that family.

Furthermore, too much of the discussion about alcohol in this country reflects prohibitionist fervor rather than scientific fact. We act as if alcohol were a vice, a degenerate habit that can—at best—be tolerated. In reality, it does not need to be apologized for. Alcohol has been a valuable part of Western culture for thousands of years. It can be abused, sure, but it can inspire as well as intoxicate, illuminate as well as irritate. In excess, the demon drink merits its nickname; in moderation, it can be good for you.

Ah yes, some will say, but what about drunk driving? They have a point. While it is possible to debate the numbers, there can be little doubt that the higher drinking age has coincided with a reduction in the number of highway deaths. But has the price been worth paying? The question sounds callous, particularly given the horrors of the individual tragedies that make up the statistics, but all legislation is, in the end, a matter of finding a balance between competing rights, interests, and responsibilities. We could, for example, save lives by denying drivers' licenses to those over 65, but we do not. We understand the trade-off: There is an interest in safer roads, but there is also an interest in allowing older people to retain their independence.

In the case of the drinking age, the balance has shifted too far in one direction, away from individual responsibility and towards government control. Raising the limit may have reduced drunken driving, but the cost in lost freedom has been too high, and, quite possibly, unnecessary: Alcohol-related auto accidents seem to be falling in most age categories. The problem of teen DWI is best dealt with directly, by strengthening the deterrents, rather than obliquely, in the context of a wider attack on "underage" drinking—an attack that might, in fact, ultimately backfire on those whose interest lies in combating the drunk at the wheel.

For the most striking thing of all about the minimum drinking age of 21 is how unsuccessful it has been. A 19-year-old in search of a drink will not have to hunt for long; just ask "Jenna." Almost impossible to police effectively, our current policy sends a signal to the young that our legal system is capricious, weak, occasionally vindictive, and not to be respected. In the interest of enforcing important laws—such as those against drunk driving—we should do what we can to make sure our young people see the police not as interfering busybodies, but as representatives of a mature, broadly respected moral order, who are prepared to treat them as adults. Those who believe government should be in the message-sending business should pay a little more attention to the message they are really sending, when they ask the police to enforce unenforceable—and frankly indefensible—taboos.