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Can Moonshine Save the U.S. Constitution?

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Schedule

December 5, 2024 12:00 - 1:30 PM
Virtual via Zoom

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As far back as the Whiskey Rebellion, homemade distilled spirits have been a target of the U.S. government’s ire—a trend that continued through Prohibition and has persisted to the present day. While home brewing and home winemaking were legalized decades ago, home distilling remains prohibited under federal law. But is this often-overlooked federal ban constitutional?

Earlier this year, The Buckeye Institute, representing Ohio resident John Ream, filed a lawsuit asserting that government prohibition on the home distillation of spirits exceeds the powers granted to Congress under the U.S. Constitution’s Commerce Clause. The implications extend far beyond booze—in famous (or perhaps infamous) Supreme Court precedents like Gonzales v. Raich and Wickard v. Filburn, the modern interpretation of the Commerce Clause has been stretched to the limit. Could Ream’s lawsuit be an opportunity to claw back on the federal government’s seemingly ever-expanding reach, or could everyday activities like home baking and home gardening be outlawed next? And aside from the legal issues at play, are there any good policy reasons to prohibit home distilling in 21st century America?

Join R Street Institute for this special Repeal Day event as they discuss home distilling and Ream v. U.S. Department of Treasury with a panel of legal experts, policy wonks, booze aficionados, and even a former home distiller!

The event will feature:
Andrew M. Grossman, senior legal fellow at The Buckeye Institute and one of the attorneys representing John Ream, and partner at BakerHostetler; Kevin Kosar, senior fellow at the American Enterprise Institute and author of Moonshine: A Global History; and Max Watman, author of Chasing the White Dog: An Amateur Outlaw’s Adventures in Moonshine. The discussion will be moderated by Jarrett Dieterle, resident senior fellow, R Street Institute and author of Give Me Liberty and Give Me a Drink!