Recovering the Commerce Clause
14th November 2024
One of the worst decisions in Supreme Court history might finally be overturned.
Filed in January 2024, John Ream v. U.S. Department of the Treasury could cast aside Wickard v. Filburn (1942) could put an end to the Court’s rampant abuse of the Constitution’s Commerce Clause to justify whatever Congress wants to do.
The plaintiff is asking for declaratory and injunctive relief to overturn the current federal ban on distilling alcoholic beverages at home for personal and family consumption. Mr. Ream wants to produce rye and bourbon and has no plans to sell or offer it to the public. He believes that this prohibition exceeds the powers of Congress under both Article I and the 10th Amendment.
Although current statutes expressly authorize the home production of both beer and wine, 26 U.S.C.§ 5601(a)(6) prohibits home distilling of whiskey. Interestingly enough, 26 U.S.C. § 5181 allows for personal production of ethanol to produce fuel for farm use—and the same distilling process can also be used to produce whiskey.
The complaint in John Ream correctly notes, “If Congress can prohibit home distilling, it can prohibit home bread baking, sewing, vegetable gardening, and practically anything else.” How did Congress get the authority to regulate virtually anything under the auspices of commerce?