Necessary & Proper Episode 92: Can the Federal Government Ban At-Home Distilling?
After the U.S. Supreme Court in Morrison v. Olson (1988) and U.S. v. Lopez (1995) held two federal statutes were unconstitutional as those statutes were beyond the power of Congress to enact, some claimed it was the dawn of a new federalism revolution. However, such challenges to federal power did not seem to continue.
Now, a new case McNutt v. DOJ, once again directly challenges whether a federal statute is beyond Congress’s power to enact. This time, the challenge is to the federal ban on at-home distilling. This case raises substantial issues concerning the scope of Congress’s power and how much decision-making authority the Constitution left for states to decide.
This FedSoc Forum will provide an update on what has occurred so far and discuss the important issues raised by this case.
Featuring:
- Thomas Berry, Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
- Michael Pepson, Regulatory Counsel, Americans for Prosperity Foundation
- Eric J. Segall, Ashe Family Chair Professor of Law, Georgia State University College of Law
- Moderator: Theodore Cooperstein, Appellate Counsel, Theodore Cooperstein PLLC
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
