Abuse of State Power Guaranteed by the Twenty-First Amendment - Preventing the Diversion of Out-of-State Liquor Destined for Federal Enclave: United States v. North Dakota
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Authors
Kralik, Lisa M.
Issue Date
1989
Type
Journal Article
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Abstract
INTRODUCTION|The twenty-first amendment" explicitly authorizes state regulation of liquor and embodies the only constitutional grant of power to the states. North Dakota's attempt to enforce legislation enacted under the twenty-first amendment was thwarted by the United States Court of Appeals for the Eighth Circuit in United States v. North Dakota. In North Dakota the court held that out-of-state liquor intended for consumption and sale on military bases over which the United States and North Dakota exercised concurrent jurisdiction could not be labeled to prevent unlawful diversion into the domestic commerce of the state. The North Dakota statutes were invalidated under the supremacy clause, and the "core power" of the twenty-first amendment was not extended to concurrent jurisdiction enclaves...
Description
Citation
22 Creighton L. Rev. 1167 (1988-1989)
Publisher
Creighton University School of Law