The author writes: "This provision also is offensive to the Constitution on two counts. First, it runs directly contrary to the Commerce Clause (Article 1, Sect

The author writes: "This provision also is offensive to the Constitution on two counts. First, it runs directly contrary to the Commerce Clause (Article 1, Section 8, Clause 3), which assigns the federal government –not states—the authority regulate commerce among the states." which makes no sense to me: the whole point of amendments (like the 21st) is to over-ride older parts (like the Commerce Clause) of the constitution. (It's like people who insist the income tax is unconstitutional despite the 16th amendment).