Constitutional Crossroads: Reconciling the Twenty-First Amendment and the Commerce Clause to Evaluate State Regulation of Interstate Commerce in Alcoholic Beverages

Abstract

Trying to purchase a highly rated, limited-production wine from a local wine retailer can be a fruitless endeavor. In most states, wine retailers are permitted to purchase stock only from a state-licensed wholesaler. If a licensed wholesaler does not carry the particular label a customer desires, the customer will find it difficult or impossible even to special order the wine through a local retailer. Growth in mail-order and electronic commerce, however, has provided new channels through which consumers and producers or retailers can reach each other. The wine industry, particularly small wineries and specialty wine retailers, has made swift use of these burgeoning avenues of commerce. Many wineries and wine retailers permit customers to order coveted bottles of wine over the Internet through their websites. Some oenophiles may be concerned that wines purchased through mail-order or over the Internet will suffer poor travel or storage conditions in the hands of common carriers during the necessary shipping. A Florida resident who purchases wine from an out-of-