Wall Street Journal Slams HR 1161. CARE Act my foot.

on 27/04/11 at 12:19 pm

Booze News

Congress specializes in giving nice names to bad bills, and the latest is the Community Alcohol Regulatory Effectiveness (Care) Act. This purports to give states and communities more authority to regulate alcohol. In fact, its purpose is to prevent out-of-state wine producers from selling directly to consumers around the country.

The federal government and states have been in a tug-of-war over alcohol regulation since the 21st Amendment passed in 1933. That amendment gave states the right to decide whether to go wet or stay dry. But the Supreme Court in 2005 came down decisively in favor of the feds in Granholm v. Heald. The Court struck down laws in New York and Michigan allowing in-state wineries to ship directly to consumers while forbidding out-of-state wineries from doing the same. The Court ruled that while the 21st amendment gives states the authority to regulate alcohol within their borders, the Constitution’s Commerce Clause bars them from erecting such protectionist barriers.

{Full story via WSJ}

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