MBE Rules · Constitutional Law
Twenty-First Amendment
21st Amendment
The rule
State power over alcohol does not override the dormant Commerce Clause ban on discriminating against out-of-state producers and shippers (Granholm), nor other constitutional rights.
In plain English
The Twenty-First Amendment allows states to regulate the sale and distribution of alcohol, but this power is limited by the dormant Commerce Clause, which prohibits states from discriminating against out-of-state businesses. Essentially, while states have authority over alcohol, they cannot create laws that unfairly favor local producers over those from other states.
Worked example
A state passes a law requiring all alcohol sold within its borders to be sourced from in-state producers, effectively banning out-of-state alcohol imports. A company from another state challenges this law, arguing it violates the dormant Commerce Clause. The court agrees, ruling that the state law discriminates against out-of-state producers and is unconstitutional.
Memory hook
States can regulate alcohol, but can't play favorites with local producers over out-of-state ones.
The trap
Exams may present scenarios where students confuse state regulatory power with the limits imposed by the dormant Commerce Clause, leading them to overlook discriminatory practices against out-of-state businesses.
How examiners test it
Questions often involve a state law regulating alcohol and ask whether it violates the dormant Commerce Clause, requiring students to analyze both state powers and constitutional limitations.
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