Tom S wrote:


> Why do you say it's "not an easy question"? The crux of the matter is:
> "gave states considerable power to regulate the transport of alcoholic
> beverages.". What are the particulars of "considerable powers"? Could some
> of them be unconstitutional?

Tom,
It's not an easy _legal_ question. The Constitution specifically
cedes its authority to any Amendments, thus the Commerce Clause has
generally been held to be subordinate to the 21st Amendment's granting
the regulation of alcohol commerce to the States. The 21st Amendment
CANNOT be unconstitutional specifically because it IS the Constitution.
However, the Supremes could rule that various forces within the States
(i.e., distributors) have corrupted these rules for their own economic
gain, and that it therefore constitutes an illegal support for
monopolistic activities. Don't hold your breath, though. I think that
Dick's prediction is on the money...

Mark Lipton