Regulating Beverage Alcohol-Past Practices and Current Perceptions

Expired

Program Number

29157

Program Date

2019-09-12

CLE Credits

The presentation will provide a brief history of the 21st Amendment focusing on the development of the roles and functions of the federal and state(s) governments in regulating beverage alcohol. Attention will be given to the broad authority granted to the states in implementing laws that control the transport, sale and consumption of alcoholic beverages within their borders. The topic of discussion will segue into the interplay of the Commerce Clause and the 21st Amendment, particularly section 2, and the current limitations placed on state authority as highlighted by the Supreme Court cases of Granholm (2005) and Blair (2019). The learning objectives include: *Understanding the role of the 21st Amendment and its impact on alcohol beverage regulation. *The role and authority the United States government maintains in the regulation of beverage alcohol. *The role and authority that state(s) governments maintain in the regulation of beverage alcohol and provide an overview, (conceptually), of state law that regulate the sale and consumption of beverage alcohol within state borders. *Provide an understanding of the competing nature of the Commerce Clause and the 21st Amendment. *Identify potential state issues that may rise to the level of a Commerce Clause attack and be challenged in court.