Monday, August 25, 2003

The Wine Wars.

Robert Bork vs. Ken Starr! What more could you ask for? They're on opposite sides in the continuing controversy over direct interstate distribution of alcohol. Starr says that the interstate commerce clause should prevail, mandating free interstate trade; Bork says that the specific language of the 21st Amendment should prevail, which grants states the right to control the importation of alcoholic beverages.

I hope that Starr's side wins: I really despise the current three-tier system of trade - wineries and breweries have to sell to distributors who have to sell to retailers - and if no distributor wants to purchase and resell wines from, say, the Mount Palomar Winery, then I'm out of luck, as I can't have it delivered directly to me or go even have a local wine shop order some for me. On the other hand, alas, I think the better legal argument is that the 21st Amendment, being specific and later-adopted, prevails over the earlier, general provision of the Commerce Clause.

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