Government intrusion has pushed so far into the lives of Americans that it often isn’t easy to know if someone is breaking the law. Some things people take for granted that they can do in their own homes may actually land them in prison.
For centuries people have handed down the knowledge and practice of self sufficiency when it comes to building a house, making clothing, growing crops, or turning crops into tasty byproducts. This is a freedom that is embodied in the U.S. Constitution.
But the federal government has found almost unlimited ways to intrude into people’s lives and turn age-old common practices into criminal acts. That attitude, and any laws that allow it, are being challenged more and more in the courts. This is good news for those who want to learn and practice the creation of alcoholic beverages at home.
From the Daily Caller:
The Hobby Distillers Association, an organization with over 1,300 members represented by the Competitive Enterprise Institute (CEI), filed a federal lawsuit this month against the Alcohol and Tobacco Tax and Trade Bureau (TBB) and Department of Justice (DOJ) over the government’s ban on at-home distilling.
The lawsuit argues that the federal ban is a holdover from the Prohibition Era and violates the Constitution.
The federal ban on at-home distilling — a hold over from the Prohibition Era — violates the U.S. Constitution, a new lawsuit argues. CEI’s General Counsel Dan Greenberg argued the ban is “inconsistent with a proper view of the limited government constraints” detailed in the Constitution.
“The Constitution created a Federal Government of limited and enumerated powers,” the lawsuit states. “The at-home distilling ban is beyond all of the powers of Congress to enact under the Constitution.”
Freedom-loving citizens want the ban to be gone. Even former President Jimmy Carter believed in the in-home rights of citizens. He signed legislation legalizing the practice of homebrewing federally in 1978, though home distilling remained illegal, according to the Smithsonian.
Distilling alcohol at home can carry penalties of up to five years in prison or up to a $10,000 fine. The CEI lawsuit argues that Congress doesn’t have authority to enact the ban because the distilling is done at home and doesn’t create revenue so it doesn’t fall under Congress’ authority to regulate interstate commerce or its taxing power.
People of legal age may produce beer or wine at home for personal or family use, but distilled spirits ae still strictly prohibited in the same circumstances by federal law. CEI said without the federal ban distilling spirits at home would be properly regulated at the state level.
Greenberg said plaintiffs against the government just want to explore the hobby of distilling beverage alcohol but want to do it legally.
Some states, such as Alaska, Arizona, Massachusetts and Missouri, have state laws allowing individuals to distill alcohol at home. The danger is that the practice could risk federal prosecution.
Key Takeaways:
- Federal government’s ban is designed to send home distillers to prison.
- A new lawsuit challenged the band and wants people to regain their freedom.
- Plaintiffs claimed the ban is unconstitutional and some states say distilling is OK.
Source: Daily Caller
