Legal Opinion

Hamilton v. Kentucky Distilleries & Warehouse Co.

Supreme Court of the United States

Decided December 15, 1919No. 589, 602PublishedCited by 323 opinions

APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR'THE WESTERN DISTRICT OP KENTUCKY. APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES FOR THE SOUTHERN DISTRICT OP NEW YORK. The cases áre stated in the opinion. Congress has no power to prohibit the sale of whisky within a State, except tinder its war powers.

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APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR'THE WESTERN DISTRICT OP KENTUCKY. APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES FOR THE SOUTHERN DISTRICT OP NEW YORK. The cases áre stated in the opinion. Congress has no power to prohibit the sale of whisky within a State, except tinder its war powers. By the Tenth Amendment the States reserved to themselves the police power over the liquor traffic with the right to abolish futhre manufacture, sale or possession. This power is .absolute and exclusive, since, as before, the Fourteenth Amendment. But it is still an open question…

1Opinion of the Court

Me. Justice ..Beandeis

delivered the opinion, of the court.

■ The armistice with Germany was signed November 11, 1918. Thereafter Congress passed and, on November 21, 1918, the President approved the War-Timé Prohibition Act (c. 212,40 Stat. 1045,1046), which provides as follows:

“That after June thirtieth, nineteen hundred and nineteen, until the conclusion of • the present war and thereafter until the termination of demobilization, the date of which shall be determined and proclaimed by the President of the United States, for the purpose of conserving the man power of the Nation, and to…

2Cases cited36 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Gibbons v. OgdenSupreme Court of the United States · 1824
  3. Mugler v. KansasSupreme Court of the United States · 1887
  4. Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
  5. The Minnesota Rate CasesSupreme Court of the United States · 1913

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3Cited by323 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. United States v. ClassicSupreme Court of the United States · 1941
  3. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  4. Yakus v. United StatesSupreme Court of the United States · 1944
  5. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981

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