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Federal Judge Finds Americans Have Constitutional Right To Distill Moonshine

Posted on 7/12/24 at 9:39 pm
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
76225 posts
Posted on 7/12/24 at 9:39 pm
Why the hell was this a question?

Obviously America has a Constitutional right to booze.
The 18th Amendment was repealed almost a hundred years ago, thereby restoring that right.

quote:

A federal judge rejected a more than century-old ban on home distilling as unconstitutional Wednesday.

Judge Mark Pittman, a Trump appointee, found that a federal law making it a felony to distill spirits at home exceeded Congress’ power, holding that neither Congress’ tax power nor its ability to regulate interstate commerce justify the ban. Pittman permanently blocked the government from enforcing the ban, which threatens violators with up to $10,000 in fines or 5 years in prison, against the plaintiffs it found to have standing.



Link to Daily Caller
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
39703 posts
Posted on 7/12/24 at 9:50 pm to
Posted by Gusoline
Jacksonville, NC
Member since Dec 2013
9922 posts
Posted on 7/12/24 at 10:02 pm to
Aw man getting drunk is so cool and edgy. Almost as cool and edgy as paying 1000% markup to do it at a business.
Posted by Quidam65
Q Continuum
Member since Jun 2010
20447 posts
Posted on 7/12/24 at 10:03 pm to
So, the Baldwin Sisters can make The Recipe!
Posted by Sofaking2
Member since Apr 2023
12382 posts
Posted on 7/12/24 at 10:19 pm to
quote:

Aw man getting drunk is so cool and edgy. Almost as cool and edgy as paying 1000% markup to do it at a business.
Very simple answer. Do not buy it genius. I don’t and don’t care who makes moonshine.
Posted by MFn GIMP
Member since Feb 2011
22286 posts
Posted on 7/12/24 at 10:47 pm to
Is this it? Is this how we finally eliminate one of the worst SCOTUS decisions in Wickard? I can’t wait.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
76225 posts
Posted on 7/12/24 at 10:53 pm to
quote:

Is this how we finally eliminate one of the worst SCOTUS decisions in Wickard?


When you think about it, we had to have a right to booze prior to the 18th Amendment.

If we didn't, the 18 Amendment would not have been necessary.

If they had dreamed up Wickard in the early 20th Century, they would not have needed the 18th Amendment.

That's how fricked up Wickard is.



Posted by WinnPtiger
Fort Worth
Member since Mar 2011
24563 posts
Posted on 7/12/24 at 10:54 pm to
quote:

Aw man getting drunk is so cool and edgy. Almost as cool and edgy as paying 1000% markup to do it at a business.


your hobbies are just as cool and edgy
Posted by MFn GIMP
Member since Feb 2011
22286 posts
Posted on 7/12/24 at 10:56 pm to
quote:

That's how fricked up Wickard is.

the 3 worst decisions they have had is, in my order but order them how you will, are 1) Marbury v Madison, 2) Plessy v Ferguson and 3) Wickard v Filburn.

All 3 fundamentally changed federal power.
Posted by GhostOfFreedom
Member since Jan 2021
12925 posts
Posted on 7/12/24 at 11:27 pm to
A little too late for these ladies.

Posted by GhostOfFreedom
Member since Jan 2021
12925 posts
Posted on 7/12/24 at 11:33 pm to
This is cool and right.

It seems to be really easy to distill with one of these little electric distillers, from what I can tell. I saw videos of guys taking wine and beer and distilling it. Also sugar washes.




https://amzn.to/4f0IF4I


If this judges decision sticks and there are no local laws against it, I might have to give it a try. I always thought it was crazy that Washington and Jefferson could distill, but American citizens can't. BTW, if you try this, toss out the first shot or two. Watch some youtube videos on foreshot, heads, hearts and tails.
Posted by GumboPot
Member since Mar 2009
132501 posts
Posted on 7/13/24 at 12:09 am to
I’ve been hobby distilling for decades. I use direct steam injection to distill that is piped up to a pressure cooker. Direct steam works well because you don’t have to worry about scorching the mash. I would not recommend direct steam for the beginner. It can be very dangerous if you do not know what you are doing.
Posted by Big Scrub TX
Member since Dec 2013
36754 posts
Posted on 7/13/24 at 12:19 am to
quote:

Why the hell was this a question?
Why is marijuana illegal? Why the hell is this even a question? Why are mushrooms illegal? Why the hell is this even a question?
Posted by Gravitiger
Member since Jun 2011
11510 posts
Posted on 7/13/24 at 1:55 am to
Bit of a misleading headline, I think. The court did not determine you have a right to distill spirits, just that the federal government could not ban it nationally. It could still presumably be banned at the state or local government level, right?
Posted by Gravitiger
Member since Jun 2011
11510 posts
Posted on 7/13/24 at 2:06 am to
quote:

1. Wickard v Filburn
2. Wickard v Filburn
3. Wickard v Filburn
For 60 years, the federal government could do basically whatever they wanted as long as they whispered those sweet words "commerce clause" in a judge's ear.
This post was edited on 7/13/24 at 5:13 am
Posted by Gifman
Member since Jan 2021
14756 posts
Posted on 7/13/24 at 2:27 am to
quote:

Aw man getting drunk is so cool and edgy. Almost as cool and edgy as paying 1000% markup to do it at a business.


Sorry you can’t handle having a couple of drinks. Keep going to your meetings bro.
Posted by Dex Morgan
Member since Nov 2022
2627 posts
Posted on 7/13/24 at 3:40 am to
Now do away with the CIA creation MADD.
Posted by wallowinit
Louisiana
Member since Dec 2006
15929 posts
Posted on 7/13/24 at 3:44 am to
I thought it was OK for an individual to distill alcohol as long as they weren’t selling it.
Posted by FredBear
Georgia
Member since Aug 2017
15885 posts
Posted on 7/13/24 at 5:41 am to
quote:

Federal Judge Finds Americans Have Constitutional Right To Distill Moonshine



I have no problem with this but I think if it's okay for a person to distill moonshine for their own personal use then it should also be okay for a person to grow marijuana for the same purpose.

I don't see how one would be okay and the other not.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
76225 posts
Posted on 7/13/24 at 5:49 am to
quote:

Why is marijuana illegal?


Because of Wickard.

Think of the mindset change that happened in this country pre and post Wickard.

Prior to that they had to pass a constitutional amendment to ban alcohol.

Meaning that in their frame of mind the country was free to enjoy alcohol and the federal government had no hand in it. The same would have been true for marijuana and other substances.


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