CONSTITUTIONAL LAW - TWENTY-FIRST AMENDMENT - VALIDITY OF STATE STATUTE DISCRIMINATING AGAINST LIQUOR IMPORTS

Authors

Benjamin Guille Cox, University of Michigan Law SchoolFollow

Abstract

A Michigan statute prohibited local dealers from selling beer manufactured in a state designated by the Michigan Liquor Control Commission, acting pursuant to statutory standards, as one which by its laws discriminated against Michigan-made beer. Because Indiana was one of ten states so designated, an Indiana brewing company filed a bill in the federal court to enjoin enforcement of the Michigan statute as unconstitutional under the interstate commerce, equal protection and due process clauses of the Federal Constitution. Held, that the bill should be dismissed, since the statute, even though discriminating among importers, was a valid enactment under the Twenty-first Amendment to the Constitution. Indiana Brewing Co., Inc. v. Liquor Control Commission of Michigan, (U.S. 1939) 59 S. Ct. 254, affirming (D. C. Mich. 1938) 21 F. Supp. 969.

Recommended Citation

Benjamin G. Cox, CONSTITUTIONAL LAW - TWENTY-FIRST AMENDMENT - VALIDITY OF STATE STATUTE DISCRIMINATING AGAINST LIQUOR IMPORTS, 37 Mich. L. Rev. 957 (1939).
Available at: https://repository.law.umich.edu/mlr/vol37/iss6/15