Question
A Tennessee law requires retailers to have 2 years residency in Tennessee before they can get a license to sell liquor in the state.When challenged,
A Tennessee law requires retailers to have 2 years residency in Tennessee before they can get a license to sell liquor in the state.When challenged, the state asserted that the 21stAmendment justifies this law.Total Wine, a national chain that specializes in wine and beer sales, challenged that law in the U.S. Supreme Court.
a. Does the state law requiring 2 years of residency (and thereby prohibiting a national chain from selling in the state) violate the Commerce Clause?Fully explain your answer.
b. Does the 21stAmendment (look it up, please) give Tennessee the right to enact such a law?If so, which would prevailthe Commerce Clause or the 21stAmendment? Why?
c. What will be the likely outcome for other states (notably Illinois) if they have residency restrictions similar to Tennessee's?
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