FlyerTalk Forums - View Single Post - Customs Agent: Where did you buy that XXXXX?
Old Feb 10, 2016, 2:45 am
  #82  
cbn42
Moderator: Manufactured Spending
 
Join Date: Jul 2011
Posts: 6,580
Originally Posted by FlyingHoustonian
It has been argued this gives the states full reign with regard to alcohol thus CBP enforcing said laws.
I don't think CBP's actions have anything to do with the 21st amendment. States are allowed to regulate any product as long as it doesn't infringe on the commerce clause. CBP is not obligated to enforce state laws, but in the case of alcohol, has chosen to do so.

Originally Posted by ubernostrum
Not just "argued". In State Board v. Young's, the Supreme Court more-or-less signed off on states having all sorts of power to do things normally forbidden to them, so long as it involves regulating alcohol.

More recently they've started to walk back some of that, ruling that the 21st Amendment didn't remove states' obligations of equal protection under the 14th, and chipping away at the power to treat in- and out-of-state sources of alcohol, but State Board still hasn't been overturned.
True, but even if State Board were overturned, CBP could still enforce state limitations on alcohol (or any other product).
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