If the DEA scheduled alcohol, would it be found unconstitutional? (user search)
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  If the DEA scheduled alcohol, would it be found unconstitutional? (search mode)
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Author Topic: If the DEA scheduled alcohol, would it be found unconstitutional?  (Read 490 times)
I spent the winter writing songs about getting better
BRTD
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« on: December 07, 2019, 05:41:53 PM »

21st Amendment wouldn't do the trick. The entire point of the 18th Amendment was because people had a much more limited view of what the Federal Government could do in 1921 and thought it needed special permission to ban alcohol. 21st Amendment just restored pre-18th Amendment status quo rather than affirmatively asserting a right to sell booze. It'd be far easier legally to ban it today.

It'd be impossible politically.
There is the commerce clause argument though, and the precedent of Granholm v. Heald.
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I spent the winter writing songs about getting better
BRTD
Atlas Prophet
*****
Posts: 113,304
Ukraine


Political Matrix
E: -6.50, S: -6.67

P P
« Reply #1 on: December 08, 2019, 11:35:26 PM »

It would also be very easy to argue that the 21st Amendment specifically protects alcohol, although the court just this year actually heard a 21st Amendment case in Tennessee Wine v. Byrd (which basically held that the 21st Amendment did not overrule the Dormant Commerce Clause for alcohol) and shied away from that interpretation.

Was it basically the same as the Granholm v. Heald ruling basis?
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