Comments on: Why Can’t I Buy the Wine I Want to Buy? http://winepeeps.com/2009/06/30/why-can%e2%80%99t-i-buy-the-wine-i-want-to-buy/ Helping you get the most bang for your buck in wine Tue, 16 Mar 2010 21:40:52 -0700 hourly 1 By: John http://winepeeps.com/2009/06/30/why-can%e2%80%99t-i-buy-the-wine-i-want-to-buy/comment-page-1/#comment-3414 John Tue, 30 Jun 2009 21:12:22 +0000 http://winepeeps.com/?p=1926#comment-3414 Larry, Your points are well taken. Thanks. I'm hopeful that, as you said, the courts can rule that the wholesalers’ power is restraint of trade or that the 21st Amendment does not take precedence over the Commerce Clause. Even if a new federal law is not the answer, I believe that a massive ground swell in that direction could still help the cause. Larry,
Your points are well taken. Thanks. I’m hopeful that, as you said, the courts can rule that the wholesalers’ power is restraint of trade or that the 21st Amendment does not take precedence over the Commerce Clause. Even if a new federal law is not the answer, I believe that a massive ground
swell in that direction could still help the cause.

]]> By: Larry Chandler http://winepeeps.com/2009/06/30/why-can%e2%80%99t-i-buy-the-wine-i-want-to-buy/comment-page-1/#comment-3413 Larry Chandler Tue, 30 Jun 2009 18:54:42 +0000 http://winepeeps.com/?p=1926#comment-3413 We may never completely solve the issue state by state. And it is possible the courts may find a way to rule in favor of wineries even further. But the Granholm decision was 5-4, so a slightly new court can also differ. Perhaps the courts can rule that the wholesalers' power is restraint of trade. Or they can rule that the 21st Amendment does not take precedence over the Commerce Clause. The courts have ruled against state power of alcohol distribution in a few isolated cases. The 21st Amendment only repealed the 18th (Prohibition) Amendment, not the rest of the Constitution. And the 21st gave individual states the right to control alcohol "importation and distribution." But it has to be fair about it, and there's a big wedge that can be exploited. My original point was only that it's not a federal law that's involved here, so changing the law is not simply up to Congress. I don't know the solution, or even if there is one. Slowly the state barriers are crumbling (except in Michigan where it was shored up), so progress is being made. We may never completely solve the issue state by state. And it is possible the courts may find a way to rule in favor of wineries even further. But the Granholm decision was 5-4, so a slightly new court can also differ.

Perhaps the courts can rule that the wholesalers’ power is restraint of trade. Or they can rule that the 21st Amendment does not take precedence over the Commerce Clause. The courts have ruled against state power of alcohol distribution in a few isolated cases. The 21st Amendment only repealed the 18th (Prohibition) Amendment, not the rest of the Constitution. And the 21st gave individual states the right to control alcohol “importation and distribution.” But it has to be fair about it, and there’s a big wedge that can be exploited.

My original point was only that it’s not a federal law that’s involved here, so changing the law is not simply up to Congress. I don’t know the solution, or even if there is one. Slowly the state barriers are crumbling (except in Michigan where it was shored up), so progress is being made.

]]> By: John http://winepeeps.com/2009/06/30/why-can%e2%80%99t-i-buy-the-wine-i-want-to-buy/comment-page-1/#comment-3412 John Tue, 30 Jun 2009 18:33:00 +0000 http://winepeeps.com/?p=1926#comment-3412 Larry, Thanks for your thoughts. You are obviously a very knowledgeable guy on the subject, but I don't believe we'll ever solve the problem fighting the wholesalers state by state. Larry,
Thanks for your thoughts. You are obviously a very knowledgeable guy on the subject, but I don’t believe we’ll ever solve the problem fighting the wholesalers state by state.

]]> By: Larry Chandler http://winepeeps.com/2009/06/30/why-can%e2%80%99t-i-buy-the-wine-i-want-to-buy/comment-page-1/#comment-3410 Larry Chandler Tue, 30 Jun 2009 15:52:32 +0000 http://winepeeps.com/?p=1926#comment-3410 A new Federal law is not possible. It's not federal law that created the three-tier system. Each state has the right to control alcohol distribution within their borders. This was set by the 21st Amendment to the Constitution, and only a new constitutional amendment can change that. Congress can pass an new amendment with 2/3 vote, but then it goes to the states and 3/4 of them need to agree. The only thing the courts can do is say that the 21st Amendment conflicts with other amendments, but the last time they did that they said the 3 tier system was constitutional. It is better to work within each state to show them how the current system benefits neither the consumer nor the state itself. The wholesalers are the ones protecting their turf. This is one of the biggest "land grabs" in history and the wholesalers don't want to see a change. A new Federal law is not possible. It’s not federal law that created the three-tier system. Each state has the right to control alcohol distribution within their borders. This was set by the 21st Amendment to the Constitution, and only a new constitutional amendment can change that. Congress can pass an new amendment with 2/3 vote, but then it goes to the states and 3/4 of them need to agree.

The only thing the courts can do is say that the 21st Amendment conflicts with other amendments, but the last time they did that they said the 3 tier system was constitutional.

It is better to work within each state to show them how the current system benefits neither the consumer nor the state itself. The wholesalers are the ones protecting their turf. This is one of the biggest “land grabs” in history and the wholesalers don’t want to see a change.

]]>