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Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional
DNYUZ ^ | 07/13/2024 | Staff

Posted on 07/13/2024 10:37:31 AM PDT by thegagline

A federal judge in Texas has ruled that an 1868 ban on at-home distilling is unconstitutional.

U.S. District Judge Mark Pittman, in his ruling on Wednesday, sided with the Hobby Distillers Association’s lawyers that the 156-year-old ban exceeded Congress’s taxing power and violated the U.S. Constitution’s Commerce Clause. The Hobby Distillers Association is a group that advocates legalizing a person’s production of spirits such as whiskey and bourbon for their personal consumption.

“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote. “That is where the judiciary must declare when its coequal branches overstep their Constitutional authority. Congress has done so here.”

Pittman issued a permanent injunction prohibiting the U.S. government from enforcing the ban against the Hobby Distillers Association’s members. The judge also stayed his decision for 14 days to allow the government to seek a stay at the appellate court level.

People who violate the at-home distilling ban could face up to $10,000 in fines or five years in prison.

***

The hobby group, which represented the plaintiffs, and four of its 1,300 members filed a lawsuit in December against the Alcohol and Tobacco Tax and Trade Bureau and the Department of Justice, saying that the government’s regulatory reach could not extend to activities within a person’s home.

“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote. “That is where the judiciary must declare when its coequal branches overstep their Constitutional authority. Congress has done so here.”

Pittman issued a permanent injunction prohibiting the U.S. government from enforcing the ban against the Hobby Distillers Association’s members.

(Excerpt) Read more at dnyuz.com ...


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: alcohol; chevron; distilling; freedom; moonshine; stills; texas
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Some good news

The case was brought by the libertarian think tank Competitive Enterprise Institute

🎶Well, my name's John Lee Pettimore
Same as my daddy and his daddy before
You hardly ever saw grandaddy down here
He only came to town about twice a year
He'd buy a hundred pounds of yeast and some copper line
Everybody knew that he made moonshine

Now the revenue man wanted grandaddy bad
Headed up the holler with everything he had
Before my time, but I've been told
He never come back from Copperhead Road

Steve Earle, Copperhead Road

1 posted on 07/13/2024 10:37:31 AM PDT by thegagline
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To: thegagline

I once thought of distilling my own liquor — it’s really quite simple — but then I remembered how cheap liquor was at the supermarket.


2 posted on 07/13/2024 10:41:46 AM PDT by Jeff Chandler (THE ISSUE IS NEVER THE ISSUE. THE REVOLUTION IS THE ISSUE.)
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To: thegagline

Why was this ever an issue? You can make home made booze all day long. Was this about resale?


3 posted on 07/13/2024 10:46:43 AM PDT by cdnerds (Vapingunderground)
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To: Jeff Chandler

It is simple, but one mistake can be lethal. I worked in Columbus, Georgia to four years, and it turned out the cliche of southerners all making moonshine has some truth to it. The Linux guy in my group was from Alabama, and he was describing how he used stainless steel pipes instead of copper, used Tums to get the pH right, and regulated temperature with an aquarium water heater with thermostat. He was very proud of his product, but warned me not to mention his college pastime to make money to his kids.


4 posted on 07/13/2024 10:47:06 AM PDT by Dr. Sivana ("Whatsoever he shall say to you, do ye." (John 2:5))
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To: Jeff Chandler

Still, (pun intended) it would be fun to make your own whiskey... I’ll have to run up to Lynchburg Tennessee (30 miles) and get some of their spring water.


5 posted on 07/13/2024 10:47:11 AM PDT by CarmichaelPatriot (Recovering Kalifornian... Loving Alabama!)
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To: thegagline

https://youtu.be/ppiol9oetOk?feature=shared


6 posted on 07/13/2024 10:47:51 AM PDT by HYPOCRACY (Brandon's pronouns: Xi/Hur)
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To: Jeff Chandler

It takes a long time, I am told. You have to baby sit it for 24 hours.

To get $30 worth at the store.


7 posted on 07/13/2024 10:47:52 AM PDT by sonova (No money? You're free to go.)
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To: cdnerds

Left over from Prohibition and dry countiea?


8 posted on 07/13/2024 10:48:14 AM PDT by madison10
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To: Dr. Sivana

It’s one of those federal laws that some states basically ignore. People make shine here and sell it to friends. Everyone knows it. Peach moonshine seems to be a favorite.


9 posted on 07/13/2024 10:50:23 AM PDT by Pollard (Will work for high tunnel money!)
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To: Jeff Chandler

At college, I used to make hard cider which tasted slightly better than Thunderbird or Night Train.


10 posted on 07/13/2024 10:50:42 AM PDT by thegagline (Sic semper tyrannis! Goldwater & Thomas Sowell in 2024)
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To: thegagline

https://music.youtube.com/watch?v=bSbuawoNpvQ&si=bWYJxTcqjQhYP1UJ


11 posted on 07/13/2024 10:51:53 AM PDT by fatima
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To: thegagline

One of my lifelong friends comes from an interesting family. One of his grandfathers was expert at making ‘whiskey’.
The other grandfather was a revenuer for the state.
They got along famously.


12 posted on 07/13/2024 10:51:54 AM PDT by ComputerGuy (Heavily-medicated for your protection)
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To: thegagline
U.S. District Judge Mark Pittman, in his ruling on Wednesday, sided with the Hobby Distillers Association’s lawyers that the 156-year-old ban exceeded Congress’s taxing power and violated the U.S. Constitution’s Commerce Clause.

An originalist interpretation of the Commerce Clause is LONG overdue. In that day, to "regulate commerce" meant to make it usual and therefore uninhibited.

13 posted on 07/13/2024 10:51:55 AM PDT by Carry_Okie (The tree of liberty needs a rope.)
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To: fatima

Thank you. Steve Earle is a commie but he does write some very good songs.


14 posted on 07/13/2024 10:54:43 AM PDT by thegagline (Sic semper tyrannis! Goldwater & Thomas Sowell in 2024)
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To: ComputerGuy

One doesn’t exist without the other.


15 posted on 07/13/2024 10:55:58 AM PDT by FreedomNotSafety
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To: thegagline

Thanks for the lyric.

A probable folk song Copper Kettle was only traced to the 1940s but had to have been older.

On Bob Dylan’s disregarded album Self-Portrait.

(”The line “We ain’t paid no whiskey tax since 1792” alludes to an unpopular tax imposed in 1791 by the fledgling U.S. federal government. The levy provoked the Whiskey Rebellion and generally had a short life, barely lasting until 1803.”
Wikipedia.


Copper Kettle (In The Pale Moonlight)

Get you a copper kettle
Get you a copper coil
Fill it with new made corn mash
And never more you’ll toil

We’ll just lay there by the juniper
While the moon is bright
Watch them jugs a-filling
In the pale moonlight

Build you a fire with hickory
Hickory, ash and oak
Don’t use no green or rotten wood
They’ll get you by the smoke

We’ll just lay there by the juniper
While the moon is bright
Watch them jugs a-filling
In the pale moonlight

My daddy he made whiskey
My granddaddy he did too
We ain’t paid no whiskey tax
Since 1792

We’ll just lay there by the juniper
While the moon is bright
Watch them jugs a-filling
In the pale moonlight
In the pale moonlight


16 posted on 07/13/2024 11:01:27 AM PDT by frank ballenger (There's a battle outside and it's raging. It'll soon shake your windows and rattle your walls.)
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To: thegagline

Good song and video.


17 posted on 07/13/2024 11:01:41 AM PDT by unclebankster (Globalism is the last refuge of a scoundrel.)
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To: FreedomNotSafety

It’s been done that way since forever. Societies thrive on symbiosis.


18 posted on 07/13/2024 11:02:04 AM PDT by ComputerGuy (Heavily-medicated for your protection)
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To: FreedomNotSafety
One doesn’t exist without the other.

Like Batman and the Joker?
19 posted on 07/13/2024 11:02:51 AM PDT by Dr. Sivana ("Whatsoever he shall say to you, do ye." (John 2:5))
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To: thegagline

In high school my buddy and i made wine, but his old man caught us. He setup a makeshift still and turned some into foul-tasting brandy. We decided it was easier to just bribe another kids older brother to buy us a six-pack.


20 posted on 07/13/2024 11:06:48 AM PDT by bigbob
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