Following up on this post—
Palmer replied to me, and I posted a reply to him tonight. I’ll reprint them in case HNN bans me or deletes me.
Anthony writes that “that means to me that…” That’s a rather weak reed on which to place so much weight. Does it mean that the states can prohibit Jews or Scientologists from making alcohol? Is that an implication of the language of the 21st amendment? That would certainly fall afoul of the 14th amendment, as well as of other elements of the federal constitution. Discriminating in state law against out-of-staters and prohibiting importation into the state of non-prohibited substances falls afoul of the commerce clause, which reserves to the congress the power to regulate commerce, i.e., to make it regular. (See the work of Randy Barnett on the meaning of the commerce clause: http://www.bu.edu/rbarnett/Original.htm .)
Mr. Kinsella’s sad moaning about insults is pathetic. Whether he is a racist is beside the point and not a charge that I made. (Putting the “N-word” all over web sites is evidence of something, but it’s not clear of what.) He mentioned an alleged “deafening silence” regarding federalism (despite the important work my colleagues have done on reasserting federalism, notably in the California cannabis cases), which simply revealed that he doesn’t understand federalist principles, which do, after all, delegate some powers to the federal government. I responded by mentioning that he seems deaf to clearly unconstitutional rights violations and blind to the text of the federal constitution, which does not reserve to the states the power to regulate commerce among the states. No insult there. As to fantasies about state militias confronting federal officers, I have little doubt that that’s a favorite among the core lewrockwell.com crowd. It’s implied by the language of states “preventing” federal agents, and it’s certainly implied by the enthusiastic support for the Confederacy, which confronted federal troops with armed force in order to maintain a “peculiar institution.” Ugh.