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Let commerce flow.


Byline: The Register-Guard

Monday's U.S. Supreme Court ruling allowing consumers to buy directly from out-of-state wineries is welcome news not only for vintners and wine drinkers, but for anyone who does business across state lines.

The 5-4 decision struck down laws in Michigan and New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 on grounds that they discriminated against out-of-state wineries by barring them from selling directly to customers, while allowing local vintners to do so. The court rightly affirmed that the U.S. Constitution protects interstate commerce interstate commerce

In the U.S., any commercial transaction or traffic that crosses state boundaries or that involves more than one state. Government regulation of interstate commerce is founded on the commerce clause of the Constitution (Article I, section 8), which
 and that trade should flow freely between states without restraint.

The 21st Amendment, which repealed Prohibition in 1933, gave states the power to regulate liquor sales. States were authorized to ban the sales of alcohol products entirely, if they chose to do so, or they could delegate that power to counties that wanted to remain "dry."

The amendment was not intended, however, to allow states to impose laws that unfairly help local wine producers by restricting out-of-state vintners. The court properly ruled that the Constitution's Commerce Clause requires the unimpeded unimpeded
Adjective

not stopped or disrupted by anything

Adj. 1. unimpeded - not slowed or prevented; "a time of unimpeded growth"; "an unimpeded sweep of meadows and hills afforded a peaceful setting"
 flow of commerce among states - a flow that Justice Anthony Kennedy This article is about the Associate Justice of the U.S. Supreme Court. For the Maryland senator, see Anthony Kennedy (Maryland).
Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U.S. Supreme Court since 1988.
 declared "is essential to the foundation of the Union." Without protection of free trade across state lines, Kennedy wrote that the nation would be torn apart by "trade wars" and "economic Balkan- ization."

By a surprisingly slim margin, the court rejected claims by some states that the trade restrictions A trade restriction is an artificial restriction on the trade of goods between two countries. It is the result of protectionism. However, the term is not uncontroversial since what one part may see as a trade restriction another may see as a way to protect consumers from inferior,  were necessary to protect minors from buying alcohol by the phone or Internet. Few, if any, teens in Michigan or New York are likely to order cases of a pricey Pricey

Term used for an unrealistically low bid price or unrealistically high offer price.


pricey

Of, relating to, or being an unrealistically high offer. An offer to sell a security at $50 when the current market price is $47 is pricey.
 Pinot Noir from a Willamette Valley The Willamette Valley (pronounced [wɪˈlæ.mɪt], with the accent on the second syllable) is the region in northwest Oregon in the United States that surrounds the Willamette River as it proceeds northward from its  winery win·er·y  
n. pl. win·er·ies
An establishment at which wine is made.

Noun 1. winery - distillery where wine is made
wine maker
. Moreover, states are free to impose regulations requiring adults to sign for out-of-state alcohol purchases.

The ruling should provide a nice boost for Oregon's economy. The state is the nation's fourth-largest wine producer with more than 300 wineries, most of them small specialty vineyards. Many rely on direct shipping and have struggled to get their products onto store shelves and wine lists, since most major distributors deal exclusively with large wineries that produce thousands of cases annually.

It remains to be seen how state legislatures respond to the ruling in the nearly two dozen states that impose restrictions on out-of-state vintners. While states still have the option of barring shipments from out of state, they must subject home-state wineries to the same restrictions - a prospect unlikely to appeal to local vintners or consumers.

Oregon's small wineries, and those in other states, should not have to navigate a maze of conflicting laws across the country. Consumers should be free to order their favorite labels by catalog, phone or Internet from out-of-state wineries. The Constitution protects interstate trade, and that trade should flow freely, unimpeded by protectionist pro·tec·tion·ism  
n.
The advocacy, system, or theory of protecting domestic producers by impeding or limiting, as by tariffs or quotas, the importation of foreign goods and services.
 corks, throughout the country.
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Editorials; Ruling should help vintners sell out of state
Publication:The Register-Guard (Eugene, OR)
Article Type:Editorial
Date:May 18, 2005
Words:458
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