<BLOCKQUOTE>quote:</font><HR>Originally posted by gonzostrike:
UT cannot Constitutionally prevent me from bringing a beer into its state. The US Supremes decided this a while ago under the Commerce Clause. Perhaps the Gov of Utah and the Utah police enforce that law, but if anyone wanted to take it to the US Supremes, UT would find itself at the short end of the stick.<HR></BLOCKQUOTE>
Not so, Gonzo. The 21st Amendment did more than just repeal the 18th. The right of states to control liquor within their borders is largely unrestricted:
<BLOCKQUOTE>quote:</font><HR>"The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited." U.S. Const., Amdt. 21, § 2.<HR></BLOCKQUOTE>
According to the supremes:
44 Liquormart v. Rhode Island
517 U.S. 484, 514-15 (1996)
<BLOCKQUOTE>quote:</font><HR>"From 1919 until 1933, the Eighteenth Amendment to the Constitution totally prohibited "the manufacture, sale, or transportation of intoxicating liquors" in the United States and its territories. Section 1 of the Twenty-first Amendment repealed that prohibition, and § 2 delegated to the several States the power to prohibit commerce in, or the use of, alcoholic beverages. The States' regulatory power over this segment of commerce is therefore largely "unfettered by the Commerce Clause." Ziffrin, Inc. v. Reeves, 308 U.S. 132, 138 (1939).
As is clear, the text of the Twenty-first Amendment supports the view that, while it grants the States authority over commerce that might otherwise be reserved to the Federal Government, it places no limit whatsoever on other constitutional provisions. <HR></BLOCKQUOTE>
FWIW, the Court has (and did in the 44 case) begun whittling back on the states' latitude - mostly in the area of advertising. The Court of Appeals that governs Utah's federal courts (the 10th) recently struck down a Utah liquor advertising law in Utah Licensed Beverage Ass'n v. Leavitt, 256 F.3d 1061 (10th Cir. 2001).
That said, I for one think they should at least require the Utah liquor laws to be less byzantine - it's very confusing - I just can't figure out what and where I can drink and what I have to do to get a drink - provate club, lounge, bar, etc. Drives me nuts. I'm sure it'll make the olympics interesting. Fortunately - I have always found the locals willing to explain the ground rules for the particular location.
I have been known to bring a few Shiners up to our friends expatriates from Texas. Never in payment for ski lodging, of course, but it helped keep us in welcomed guest status.
<FONT COLOR="#800080" SIZE="1">[ January 07, 2002 06:39 PM: Message edited 1 time, by raubin ]</font>