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I don’t quite understand why this law must be a tax and they can’t claim some other power gives the authority to do that? I’m not arguing either way I just don
by daft_pink 2y ago
I don’t quite understand why this law must be a tax and they can’t claim some other power gives the authority to do that? I’m not arguing either way I just don’t quite understand.
- Tuna-Fish 2y agoBecause the constitution gives the federal government a set of enumerated powers, and after the repeal of the Eighteenth Amendment, they have nothing else that applies. The state could make it illegal if they wanted to. This is challenging the ability of the federal government to do so.
- Glyptodon 2y agoSo I think the argument that is advanced for tax authority allowing such a restriction were the tax on the still and not on the output seemed a bit hard to parse, but the commerce clause not being applicable because there's no overall expansive restriction on the booze market intended by Congress seemed fair.