Yesterday, in McNutt v. US Department of Justice, the US Court of Appeals for the Fifth Circuit struck down an 1868 federal law banning home alcohol distilleries. The court ruled that the law exceeded Congress' authority under the taxing power, and also under the Necessary and Proper Clause. It's an important win for constitutional federalism - as well as for home alcohol distillers! But it's significance is limited by the fact that the court did not consider the possibility that the law is authorized by Congress' power to regulate interstate commerce.
