Friday, December 10, 2004

Wine by mail

In 26 states it is legal to order wine directly from out of states. The question as to whether the 24 states which do not allow it have the legal rite to block the sales. The issue was brought to the US supreme court, and a decisions was past down December 7th. The issue was whether the jurisdiction to make the decisions was up to each state, or was left up to the federal government. There were two peaces of legislation that were looked at. The first was the 21st amendment, and the second was the interstate commerce clause. The interstate commerce clause is what allows the federal government to regulate business. The 21st amendment gave the states blanket authority over importing of alcohol into the state. The main finding is that the states do not have the rite to make these decisions. It went on to say that the state should not be able to discriminate in the favor of the wine producers that are in their own state. One other argument that is being addressed is the sale of wine to minors. The people against the sale by mail say that there is no established way to make sure that the people who order the wine are of legal age to consume it. This is being seen as a staling tactic and a way to slow down the movement towards legalizing this.

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