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Alcohol has existed outside the Commerce Clause since Prohibition, as outlawing its sale was done via Constitutional amendment, rather than legislation. Same wi
by the_watcher 9y ago
Alcohol has existed outside the Commerce Clause since Prohibition, as outlawing its sale was done via Constitutional amendment, rather than legislation. Same with repeal. Amendments supersede reserved Congressional authority. The result of this is that regulations on the sale and distribution of alcohol operate entirely differently than any other American industry (and is particularly vulnerable to regulatory capture). For example, try buying a Texas beer (in a store or bar) outside of Texas not called Shiner or Lone Star. It's very difficult, as Texas laws make it difficult to impossible for craft brewers to export across state lines. The biggest fans of those laws? Shiner and Lone Star.