The Twenty-First Amendment Enforcement Act enables the Attorney General of each state to take action in the Federal courts to enforce the alcoholic liquor laws of his or her state. Unfortunately, that is exactly what is happening, and that is what the legislation will address. It clears away the ambiguity which has hampered enforcement. The action reversed a decision by a Federal District Court Judge in Indiana that ruled the law violated the dormant commerce clause of the U.S. Constitution and could not be saved by the Twenty-First Amendment of the U.S. Constitution. But our guide is the text and history of the Constitution not the 'purposes' or 'concerns' that may or may not have animated its drafters.
Objective indicators supply the context for sec.
As the history of the Twenty-First Amendment confirms, this is precisely what sec. 2 is for. The Indiana case is but one of many filed by proponents of uncontrolled sales of alcoholic beverages and, in particular, wine. The proponents of such uncontrolled sales have initiated similar challenges of state laws regulating or prohibiting the importation of alcoholic beverages into those states by unlicensed entities. Among the states whose laws are being challenged are Michigan, Texas, New York, Florida, Virginia and North Carolina.