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US Federal Constitution QUESTION #5831
Question 1
A state law prohibits anyone from receiving an out-of-state shipment of wine unless they are a licensed wholesaler. In-state wineries, however, are permitted to ship directly to consumers. Is this law constitutional?
  • Yes, because the 21st Amendment gives states absolute power over the distribution of alcohol.
  • No, because it violates the Dormant Commerce Clause by discriminating against out-of-state wineries.✔️
  • Yes, because the state has a rational basis to regulate alcohol for health and safety.
  • No, because it violates the Privileges and Immunities Clause of the 14th Amendment.
Correct Answer Explanation
While the 21st Amendment gives states power to regulate alcohol, it does not override the Commerce Clause. Under Granholm v. Heald, states cannot allow in-state wineries to ship to consumers while prohibiting out-of-state wineries from doing the same.