Quote:
Originally posted by Bad_Rich_Chic
Protectionist states' argument contra appears basically to be "the prohibition amendment trumped the interstate commerce clause, coming later in time, and its repeal doesn't mean that alcohol isn't still constitutionally different from other products in interstate commerce."
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I'd have to agree that the 21st Amendment places alcohol on different footing from the general Commerce Clause analysis, because it does not merely repeal Amendment 18. Section 2 of the 21st Amendment gives power to the states to ban any transportation or importation "in violation of the laws" of that state or territory. Given the poor way Amendment 21 is drafted, I doubt even Congress has the power to occupy the field and lift state controls on importation.
Bad policy, bad economics, but not unconstitutional.
