Supreme Court overturns wine-shipping bans- yay!

Feh. Our beer still pwnz you all. :wink:

OK, that’s the outcome. That’s settled. But what’s the reasoning?

In particular, what’s the legislative history to which you refer? I hope you’re talking about something in the legislative history of the 21st Amendment that says Section 2 is just equalizing states’ ability to regulate imports of alcohol from out-of-state with their ability to regulate in-state.

The Commerce Clause.

*…but the pre-Amendment history recited here provides strong support for the view that §2 only restored to the States the powers they had under the Wilson and Webb-Kenyon Acts…
It did not give States the authority to pass nonuniform laws in order to discriminate against out-of-state goods, a privilege they never enjoyed.

More recent cases confirm that the Twenty-first Amendment **does not supersede other provisions of the Constitution *and, in particular, does not displace the rule that States may not give a discriminatory preference to their own.

The main case used to argue the point was Bacchus.

In Bacchus, the courts ruled that Hawaii could not impose a tax on imported wines, but *not * impose the same tax on locally produced wines. Why? Because it’s protectionism, and it violates the Commerce Clause.

Hold on - didn’t we already conclude that Section 1 did that all by its ownself?

Well, that’s the thing about a Constitutional amendment - it can create new rights or powers like that. If Section 1 made Wilson and Webb-Kenyon un-moot, then it follows that Section 2 did something other; hence the above interpretation is off the mark.

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I think we’re going in circles here, and I’m not sure if it’s me or you. :slight_smile:

If the 21st Amendment amends the Commerce clause, then Bacchus and its descendants (including the present decision) are wrong; if it doesn’t, they’re right. But the Commerce Clause itself can’t be cited as support for either side.

Then there’s the legal history: only if one accepts that the intent of Section 2 was to restore the Wilson and Webb-Kenyon Acts does the pre-Amendment legal history amount to something. Consequently, one can’t use that history to ‘prove’ that that was the intent of Section 2; it’s the other way around. If the history proves that was the intent of Section 2, and that interpretation of Section 2 in turn gives meaning to that history, we’ve got a logical circle.

At some point, one needs to show the legislative history of the 21st Amendment supports the proposition that Section 2 was intended to restore Wilson and Webb-Kenyon.

In the absence of such history, I’ve got to agree with Stevens’ dissent: the courts at the time would have had a much clearer idea of the intent of Section 2 than courts ruling three decades or more after the Amendment was ratified.

Oh, I have no doubt I’m the one going in circles. It is Friday night, and the beer is going down easy. :wink:

Still, it’s fun interacting with folks on this topic. Like I said, it’s something I’ve been following for months, but never really get a chance to talk about. I think it will be very interesting to see how it all plays out in the next few months and years.

And, like you, I’d still love to see a legal perspective of it all.