What's Left of the Twenty-First Amendment?

Authors

Jonathan M. Rotter
Joshua S. Stambaugh

Abstract

The article examines the evolving jurisprudence of the Twenty-first Amendment and its intersection with the Dormant Commerce Clause, arguing that the Supreme Court has increasingly adopted a balanced approach. This approach prioritizes preventing economic discrimination while respecting state regulatory authority over liquor. The analysis highlights a shift away from a broad interpretation of the Twenty-first Amendment, emphasizing that states must justify discriminatory liquor regulations under a strict scrutiny standard. The Court’s rulings, particularly in Granholm v. Heald, have opened markets to out-of-state producers, promoting a more uniform national liquor market.

Disciplines

Constitutional Law | First Amendment | Jurisdiction | Law

Recommended Citation

Jonathan M. Rotter & Joshua S. Stambaugh, What's Left of the Twenty-First Amendment?, 6 Cardozo Pub. L. Pol’y & Ethics J. 601 (2008).
Available at: https://larc.cardozo.yu.edu/cplpej/vol6/iss3/3