25 November 2004

Commerce Clause vs. 21st Amendment

The “commerce clause” and the 21st amendment’s will face off in a case to be argued before the U.S. Supreme Court on December 7th. The commerce clause has traditionally been held to prohibit per-state restrictions on interstate commerce. The 21st amendment however contains the following language:

Section 2. 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.

So can states actually regulate interstate commerce by blocking importation of alcohol in ways that may inhibit interstate commerce? We’ll find out sooner or later…

I happened across this story in the WSJ. A few press outlets have talked about the story including The Detroit News. Search Google News for possibly relevant articles. Although there hasn’t been a lot of coverage of the ways that this sort of deregulation could influence other markets and deregulation pushes there.

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