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America's Debate > Archive > Assorted Issues Archive > [A] Big Trials and Legal Cases
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This US supreme court is hearing the arguments on this case this week. OK I must admit I am horribly biased in regards to this issue. And I don't think there is a single soul out there that can convince me that my stance on this issue is wrong or perhaps even slightly wrong. But I will try to be as open as possible...maybe.
Can states ban certain wine parcels?

Questions
Do you feel this is an integral part or matter of states rights? If so why..please explain yourself.

Or do you feel this is a discriminatory use of the state's rights to allow state protection and is in itself unconstitutional? If so why...explain yourself.
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TedClayton
QUOTE(bucket)
Questions 
Do you feel this is an integral part or matter of states rights? If so why..please explain yourself. 

Or do you feel this is a discriminatory use of the state's rights to allow state protection and is in itself unconstitutional?  If so why...explain yourself.

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No, I don't see this as a valid States-rights issue, because alcohol as an item of commerce is being single out as a special case. The question is: is it?

Only by association with Prohibition, which was itself an experiment, and a failed one at that. States are using a fragment of fossil legislation ... and it's not original, just a plaster cast ... and a poor copy.

Well, not everything that's bogus is actually unconstitutional. At least - and this may sound unduly subtle/clever - until it has been found to be.

I am not sure, but the winery business might be part of an anti-Ma-Pa phenomenon that gathered momentum Post-WWII, and redefined business across America. Wal-Mart is only the most recent manifestation.

Some of these Ma-Pa suppression devices were quite dubious, in my mind, and it would not at all surprise me to find they were used against small wineries.

Example: Small slaughter houses used to exist all over the land. At a certain point, the newly consolidating slaughterhouse industry 'went after' the little guys. Regulations were passed, ruining them: each slaughtering business had to have an attached office within the facility, for the sole use of the government inspector who would come around for an hour or two, once a year.

Many slaughter houses operated in former milking parlors and such, and were literally one-person businesses. Oh: they had to have on-hand several hundred pounds of Federal regulations, in the premises. Thousands of dollars.

Did small wine operations suffer similar mistreatment? Were antique Prohibition statutes used to hurt them, without a compelling justification?

If so, it may be stopped. This might be the tip of a more general iceberg.
bucket
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Well, not everything that's bogus is actually unconstitutional.


Well yeah but this is one of the main arguments against these state laws is that is is unconstitutional because of the US Constitution's commerce clause that...." establishes and protects a national common market, mandating free interstate trade." The only reason this is not being viewed or treated as any other commerce is because it is alcohol...so does the state's right to regulate alcohol under the 21st amend. extend the states power or even overpower the constitutional clause on commerce?

I don't think it does.

QUOTE

I am not sure, but the winery business might be part of an anti-Ma-Pa phenomenon

Well there are few things in life that are not corporat-ed to some degree or another. Yet I must totally disagree with you ..the winery business is very open to Ma-Pa ops. This is a matter of the states not being open to small wineries...and there are just thousands of them around...I know I visit them and take great pleasure in their hospitality...oh yeah and there is the distributors themselves too..they like the power they have in situations such as these. I would be curious to find or hear of any winery that was for these laws...the big corporate hand in all this is the state's themselves....not the wineries.
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