4 ms·
OK, mostly Section 2 of the 21st amendment was ruled on in State Board of Equalization v. Young's Market Co. and shown to give states unusual control of alcoho
by burfog 8y ago
OK, mostly
Section 2 of the 21st amendment was ruled on in State Board of Equalization v. Young's Market Co. and shown to give states unusual control of alcohol.
- torstenvl 8y agoI think you might be reading Young's Market a little too broadly. And in any case, it's questionable whether Young's Market is still good law after Granholm v. Heald, 544 U.S. 460 (2005). "If a State chooses to allow direct shipment of wine, it must do so on evenhanded terms. Without demonstrating the need for discrimination, New York and Michigan have enacted regulations that disadvantage out-of-state wine producers. Under our Commerce Clause jurisprudence, these regulations cannot stand." Id. at 493. So yeah, Amd. 21, §2 gives states Constitutional force behind some of their alcohol laws, but it doesn't usurp the Commerce power entirely.