Source: Tenth Amendment Center
by Rob Natelson
“Many years ago, Congress adopted a law that prohibits home whiskey distilling. That law is now under constitutional challenge. John Ream is a home whisky distiller. He points out that the Constitution grants Congress only certain enumerated (listed) powers and that regulating home distilling is not on the list. He lost in the lower courts but has filed a petition asking for Supreme Court review. … Mr. Ream’s case is not hopeless, but he is pushing uphill. In my Epoch Times series ‘How the Supreme Court Rewrote the Constitution,’ I described how, during the early 1940s, the justices converted the congressional Commerce Power (an amalgam of the Commerce Clause and the Necessary and Proper Clause) into general authority to regulate almost all human activity—at least all economic activity.” (10/06/26)