Granholm V. Heald Was A Essay

PAGES
2
WORDS
629
Cite
Related Topics:

The court therefore found that there was no legitimate purpose for the laws other than to discriminate against out-of-state wineries. I agree with the Court's decision. The Court ruled that the 21st Amendment was intended to restore the state's rights as they were before Prohibition. These rights did not include the right to violate the Commerce Clause with regards to the distribution of alcohol. Congress has the right to regulate interstate commerce, not the states. The states may set their own regulations with respect to alcohol, but these regulations must be applied evenly.

The Commerce clause was put into place to prevent states from competing against one another, in particular by way of protectionism. This is necessary for the proper function of internal trade. These two states sought to control interstate trade, hiding behind the 21st Amendment. They misinterpreted the mandate granted to them by that amendment, however. There is nothing in the 21st Amendment that...

...

Such overruling, therefore, cannot be inferred by the states. That the states could not provide any legitimate purpose for their laws signals their intent to circumvent the Commerce Clause in order to protect their own industries from outside competition, in direct violation of the wishes of the authors of the Constitution. The dissenting opinions were of the nature that the 21st Amendment did give states absolute power over alcohol, however, I disagree that this included the power to overrule the Commerce Clause as that was not explicitly stated (Tanford, n.d.).
Works Cited:

Granholm v. Heald 125 S. Ct. 1885 544 U.S. 460 (2005). Retrieved April 16, 2010 from http://www.law.cornell.edu/supct/html/03-1116.ZS.html

Tanford, J. (no date). Granholm v. Heald. Duke Law. Retrieved April 16, 2010 from http://www.law.duke.edu/publiclaw/supremecourtonline/commentary/gravhea

Sources Used in Documents:

Works Cited:

Granholm v. Heald 125 S. Ct. 1885 544 U.S. 460 (2005). Retrieved April 16, 2010 from http://www.law.cornell.edu/supct/html/03-1116.ZS.html

Tanford, J. (no date). Granholm v. Heald. Duke Law. Retrieved April 16, 2010 from http://www.law.duke.edu/publiclaw/supremecourtonline/commentary/gravhea


Cite this Document:

"Granholm V Heald Was A" (2010, April 16) Retrieved April 19, 2024, from
https://www.paperdue.com/essay/granholm-v-heald-was-a-1832

"Granholm V Heald Was A" 16 April 2010. Web.19 April. 2024. <
https://www.paperdue.com/essay/granholm-v-heald-was-a-1832>

"Granholm V Heald Was A", 16 April 2010, Accessed.19 April. 2024,
https://www.paperdue.com/essay/granholm-v-heald-was-a-1832

Related Documents

those of the federal government. But the assessment delivered in the case of Granholm v. Heald actually seems to imply that this focus is misdirected. In a case where small wineries with limited means to obtain local distribution have attempted to broader their reach through catalogue and web-based sales, several states have invoked the language surrounding the repealing of prohibition (through the 21st Amendment) in order to oppose these

Business Law - 6 Case
PAGES 6 WORDS 1743

Com" from an Internet host in Maryland to a host in New York. The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Thereafter, Novak appealed the decision in the Alabama case successfully and then filed an action against Tucows for illegally depriving him of his property by conversion. Tucows' defense

8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: Affirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated Attorney General's statutory interpretation that assisted suicide does not constitute practicing medicine.. A b) First National Bank v. Bellotti: Invalidated Massachusetts law criminalizing corporate use of corporate funds to promote political agenda as a violation of corporations right to Free