There has been some recent attention to the constitutionality of state laws that prohibit the direct shipment of alcoholic beverages. On one side are Kenneth Starr and Clint Bolick, defending the interests of the winery-backed "Coalition for Free Trade" and on the other side are Robert Bork and C. Boyden Gray, representing, among others, the "Wine and Spirits Wholesalers of America." The central question seems to be: Which deserves precedence, the spirit of free trade protected by the Commerce Clause or states' rights as defined by the 21st Amendment? The state rules and regulations on the shipment of alcohol are incredibly complex and put the wineries at a distinct disadvantage in that, for example, California producers cannot ship to many states, though wineries within those states can ship to internal addresses. But the other side counters with the fact that alcohol--perhaps like "death"--is "different" in that it has its own amendment which was meant to allow the states to make such decisions and set such regulations on their own terms. And, I probably don't need to add, there is a tremendous amount of money to be gained--or lost--on both sides of this issue. I know that the 7th Circut recently upheld Indiana's direct shipping law and I have heard that some expect that this issue will reach the Supremes at some point. I am going to be discussing this issue in class (yes, I am deliberately using an alcohol-related issue to bolster my undergraduates' interest in Constitutional Law) and I would appreciate the insights of list-members--on or off list as you so desire. Best, Brian Pinaire ************************************ Assistant Professor Dept. of Political Science Lehigh University David Bernstein wrote:
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