Yesterday, in Ream v. Department of the Treasury, the US Court of Appeals for the Sixth Circuit upheld an 1868 federal law banning home alcohol distilleries. The court ruled that the law is authorized by a combination of Congress' tax power and the Necessary and Proper Clause, which gives Congress the power to makes laws "necessary and proper" for carrying into execution other federal powers. The ruling contradicts a recent decision by the Fifth Circuit striking down the same law.
The Sixth Circuit decision -written by prominent conservative Judge Raymond Kethledge - is badly flawed, because the law in question clearly is not "proper," even if it may be "necessary." Hopefully, the Supreme Court will overrule it.
