Author Topic: White House Brew Recipe  (Read 27337 times)

Offline deepsouth

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Re: White House Brew Recipe
« Reply #60 on: August 30, 2012, 10:57:37 AM »
alabama is there guys, mississippi is the lone state, to my best knowledge.
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Offline nateo

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Re: White House Brew Recipe
« Reply #61 on: August 30, 2012, 11:48:18 AM »
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.
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Offline Slowbrew

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Re: White House Brew Recipe
« Reply #62 on: August 30, 2012, 12:00:09 PM »
alabama is there guys, mississippi is the lone state, to my best knowledge.

I hadn't heard it finally got through.  That's great for them.

Paul
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Offline majorvices

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Re: White House Brew Recipe
« Reply #63 on: August 30, 2012, 12:06:32 PM »
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.
Keith Y.

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Offline deepsouth

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Re: White House Brew Recipe
« Reply #64 on: August 30, 2012, 12:19:21 PM »
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.

oh fail.  i thought it passed both. 
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bottled:     white house honey ale

Offline narcout

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Re: White House Brew Recipe
« Reply #65 on: August 30, 2012, 01:56:33 PM »
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. 

Offline Joe Sr.

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Re: White House Brew Recipe
« Reply #66 on: August 30, 2012, 02:23:51 PM »
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.

It's still interpreted pretty broadly, IMO, at least by Congress and the executive branch (both parties).

Recent limitations from the current Supreme Court run counter to previous interpretations of the clause.

http://thecaucus.blogs.nytimes.com/2012/06/28/an-important-new-limit-on-the-commerce-clause/
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Offline Slowbrew

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Re: White House Brew Recipe
« Reply #67 on: August 30, 2012, 02:25:20 PM »
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.

I didn't think it had passed but it's been a long day and I've been known to be mistaken now and then.

Paul
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Offline deepsouth

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Re: White House Brew Recipe
« Reply #68 on: August 30, 2012, 02:59:49 PM »
now i need to find my buddy from alabama that rubbed it in my face that alabama had made the leap and we had not.
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Offline bernman

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Re: White House Brew Recipe
« Reply #69 on: August 30, 2012, 05:18:22 PM »
Signed  #11,925

Offline hopfenundmalz

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Re: White House Brew Recipe
« Reply #70 on: August 30, 2012, 06:18:36 PM »
Though Washington and Jefferson are knnow to have made beer, they never lived in the White House - wasn't built/finished. IIRC Madison was the first to live there.

Jefferson did live there. It was built/finished before John Adams left office. Washington was only president not to have lived there at all.
I stand corrected.  Jefferson never brewed there, though.
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Offline passlaku

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Re: White House Brew Recipe
« Reply #71 on: August 30, 2012, 07:34:24 PM »
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.

MJ,

This year it was quite the opposite.  Mac got it through the House but we ran out of time in the Senate.

Offline passlaku

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Re: White House Brew Recipe
« Reply #72 on: August 30, 2012, 07:40:35 PM »
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.

I don't think that logic regarding the Commerce Clause works since the 21st Amendment gives state govts broad discretion in terms of how they will regulate alcohol.  But it does raise a constitutional question about which part  of the Constitution is more important. 

« Last Edit: August 30, 2012, 07:42:10 PM by passlaku »

Offline tschmidlin

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Re: White House Brew Recipe
« Reply #73 on: August 31, 2012, 01:46:32 AM »
Though Washington and Jefferson are knnow to have made beer, they never lived in the White House - wasn't built/finished. IIRC Madison was the first to live there.

Jefferson did live there. It was built/finished before John Adams left office. Washington was only president not to have lived there at all.
I stand corrected.  Jefferson never brewed there, though.
I'll take your word for that, although that brings up the point that this isn't even the same White House.
Tom Schmidlin

Offline majorvices

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Re: White House Brew Recipe
« Reply #74 on: August 31, 2012, 04:31:37 AM »
Abraham Lincoln was the first president to reside in the current white house.
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