Dunn v. United States

WILLIAMS, Circuit) Judge

(dissenting)-

I am unable to concur in the holding that Section 2 of the Twenty-first Amendment, U.S.C.A.Const. Amend. 21, § 2, is not self-executing.

*122The Senate of the United States, on May 28, 1938, passed Bill (H,R. 7508) to amend the Liquor Enforcement Act of 1936, so as to read as follows, to-wit:

“Sec. 3. Whoever shall import, bring, or transport any intoxicating liquor into any State in which all sales (except for scientific, sacramental, medicinal, or mechanical purposes) of intoxicating liquor containing more than 5 percent of alcohol by weight are prohibited,…