State trying to force St Matthews Liquor Barn to close

An Amendment to the constitution gives the states the right to enact and enforce alcohol regulations as they see fit.

A minor point (and no, I am not a lawyer), but the 21st Amendment (Repeal of Prohibition) gives the states control over "the transportation or importation" of alcoholic beverages into that state. Other laws, ranging from age limits and the time and day of legal sales to, well, the distance between liquor stores, fall under state laws but aren't constitutionally mandated. And still more regs - particularly taxation, label language, disclaimers and more, belong to the federales.

Here's all that the Constitution says:

Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2. 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.

That little part "use therein..." Is fairly important.

[Robin Garr]

Section 2. 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.

That little part "use therein..." Is fairly important.

I'm still not a lawyer, but that sure looks like a secondary clause to me. The 21st gives the states control, through law, over "the transportation or importation" of alcohol for delivery or use therein, meaning that they can't control liquor that's just passing through - in the hold of a UPS 747 at Louisville International, say.

But what do I know? The fact is that the states are in control of shipment in and out, and the states also make some regulations, while the feds (particularly the two new bureaus that rose out of Treasury's old "Alcohol, Tobacco and Firearms") do make tons of regulations.

I wouldn't call it secondary. Every single supreme court ruling since the 21st amendment was adopted was regarding the second section.

The Feds control is more on the production and importation level. Your average bar or retail store deals almost exclusively with state/local regulations and enforcement agencies.

http://www.courier-journal.com/viewart/20140115/NEWS10/301150091/Appeals-court-reinstates-Kentucky-ban-groceries-selling-liquor

Doesn't exactly refer to the Liquor Barn vs Bev Warehouse but still involves alcohol laws and regulations.

Barring a supreme court review, you won't see wine/liquor in grocery/convenience stores in Kentucky.

We moved to Georgetown, IN recently, and it was jubilation when I walked into our local grocery store, and I saw my old friends Jim, Jose, and Jack.