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May 12, 2005
Wouldn't it be nice.
Two recent court cases have left me wondering if it is unconstitutional for some states to restrict alcohol shipments from other states to require them to go through a state wholesaler before reaching consumers.
It makes good economic and civil libertarian sense for the the booze distributors to be taken out of the middle to allow direct, interstate shipments of alcohol to consumers. However, this tenuous use of the intrastate commerce clause is bludgeoned by the 21st amendment, which seems to clearly reserve rights of regulation to the states.
The commerce clause says, "To regulate commerce with foreign nations, and among the several states, and with the Indian tribes"However, the 21st amendment says, "The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited." Doesn't get much clearer that that -- does it?
Posted by OneEyedMan at May 12, 2005 12:04 PM
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