« on: October 20, 2012, 08:43:33 PM »
Brewed this on Friday:
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I thought it was kinda funny. As a wise man one said, "It's funny 'cause it's true!"
The Feds already did their job by making it legal for the states to allow it. Whether homebrewing is allowed in your state is considered a "states" issue and the Federal government does not have any jurisdiction on it.
Yeah, if your state has restrictive liquor laws, that's all on your state. The Feds can't make states allow homebrewing. The Feds have some power in the commerce clause to regulate businesses, for instance to prevent discrimination within a legal business operation (no "whites-only" restaurants.) Since homebrewing isn't commercial, I don't think it falls under commerce clause.
At one point in time, the commerce clause was interpreted pretty broadly. In the case you mention above concerning the whites-only restuarant (Katzenbach v. McClung), the Supreme Court basically said that if Congress can reasonably conclude that, taken in the aggregate, an activity will have a substantial effect on interstate commerce, then it is within Congress' power under the commerce clause to regulate that activity.
It's a stretch, but Congress could conceivably regulate homebrewing under that interpretation. However, the SC has limited the power of Congress under the commerce clause quite a bit since that case was decided.
No, Alabama is not there. Hopefully will be next major legislative session. The bill passed the senate but never came up for a vote in the house.
The population of the US was about 63 million in 1890. Since there were 2,011 breweries in 1890, that meant there was 1 brewery for every 31,000 people. With todays population being 312 million, each brewery is supporting about 146,000 people. I suppose most of that is supplied by the big 3 though. We still have room to grow even if we don't party like its 1899.