This comment will not argue the legitimacy of the policy aims of the Twenty-First Amendment, rather, it will argue the current regulatory and legal apparatuses which govern the alcohol industry are no longer moored to the original moral and philosophical values the Temperance Movement, or those morals and values which carried over into the Twenty-First Amendment. To aid in understanding the current state of alcohol regulation, Section II will outline the history of liquor regulation in the United States from the Founding to the present. Second, Section II will examine the history of legislation and regulation of alcohol that led to the ratification of the Eighteenth Amendment and its subsequent repeal. This will help provide context to the underlying values which led to the Twenty-First Amendment in its final form. Section II will then examine the case law upon which modern Twenty-First Amendment jurisprudence is built, and where modern jurisprudence and legislation currently sits. This historical foundation is required to analyze the current state of the Twenty-First Amendment’s effectiveness in incorporating temperance values. In concluding, there will be an examination of laws over a spectrum of states which regulate different forms of alcohol. This will help highlight the lack of logical connection between current liquor regulation systems and the Twenty-First Amendment’s temperance roots.
Bradley R. Greenman,
The Intemperate Regulation of Alcohol,
15 J. Bus. Entrepreneurship & L.
Available at: https://digitalcommons.pepperdine.edu/jbel/vol15/iss1/4