State Imposts on Interstate Wine: Hearing Before the Subcommittee on State Taxation of Interstate Commerce, of the Committee on Finance, United States Senate, Ninety-third Congress, Second Session on H.R. 2096, a Bill to Prohibit the Imposition by the States of Discriminatory Burdens Upon Interstates Commerce in Wine, and for Other Purposes, January 21, 1974U.S. Government Printing Office, 1974 - 123 páginas |
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Página 2
... permit dry states to protect them- selves from importation of liquor rather than to permit liquor producing states from erecting trade barriers against out - of - state products . Generally speaking , there has always been a policy in ...
... permit dry states to protect them- selves from importation of liquor rather than to permit liquor producing states from erecting trade barriers against out - of - state products . Generally speaking , there has always been a policy in ...
Página 3
... permits the transportation or importation of wine therein , from imposing any prohibition or requirement unreasonably impairing the free flow of commerce in wine among the several States . State actions could be challenged in Federal ...
... permits the transportation or importation of wine therein , from imposing any prohibition or requirement unreasonably impairing the free flow of commerce in wine among the several States . State actions could be challenged in Federal ...
Página 4
... permits the sale of wine within the State shall permit the transportation or importation of wine of like kind pro- duced in other States , or from materials originating in other States , into said State for sale therein upon terms and ...
... permits the sale of wine within the State shall permit the transportation or importation of wine of like kind pro- duced in other States , or from materials originating in other States , into said State for sale therein upon terms and ...
Página 8
... permits the sale of wine within the 20 State shall permit the transportation or importation of wine 21 of the same class ( established under section 5041 ( b ) of the 22 Internal Revenue Code of 1954 ) produced outside the State , 23 or ...
... permits the sale of wine within the 20 State shall permit the transportation or importation of wine 21 of the same class ( established under section 5041 ( b ) of the 22 Internal Revenue Code of 1954 ) produced outside the State , 23 or ...
Página 24
... permits such manufacture and sale , it must let imported liquors compete with the domestic on equal terms . To say that , would involve not a construction of the Amendment , but a rewriting of it . ( 299 U.S. at 62 ) " The plaintiffs ...
... permits such manufacture and sale , it must let imported liquors compete with the domestic on equal terms . To say that , would involve not a construction of the Amendment , but a rewriting of it . ( 299 U.S. at 62 ) " The plaintiffs ...
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Términos y frases comunes
21st amendment 76 Cong alcoholic beverage business Alcoholic Beverage Control American wine Arkansas wine industry Beverage Control Association bill Brandeis burdens upon interstate California wine Chairman Clark classification Commerce Clause commerce in wine Committee on Finance CONGRESS THE LIBRARY Congressional Constitution D.C. DEAR debate discriminate against wine discriminatory burdens discriminatory taxes economic effect Emphasis supplied excise tax exercise favor Federal gallons grapes growers Heublein House interstate commerce intoxicating liquors legislative history LIBRARY OF CONGRES LIBRARY OF CONGRESS Michigan monopoly NABCA National Alcoholic Beverage out-of-state wines percent permits the sale PEYSER produce wine protection provides purchase purpose question regulation remain dry Representatives require revenue sale of wine Section Senator MONDALE September 11 small wineries sold South Carolina statement statute Subcommittee Supreme Court Taxation of Interstate tion trade barriers transportation or importation Twenty-first Amendment U.S. Senate United Utah violation Washington Webb-Kenyon Act WIEDERKEHR wine business Wine Institute wine produced wineries
Pasajes populares
Página 105 - ... transported Into any State or Territory, or remaining therein for use, consumption, sale or storage therein, shall upon arrival In such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such liquids or liquors had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein In original packages or...
Página 4 - The Bureau of the Budget has advised the Treasury Department that there is no objection from the standpoint of the Administration's program to the presentation of this report. Sincerely yours, STANLEY S. SURREY, Assistant Secretary.
Página 105 - ... transported into any State or Territory, or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.
Página 106 - ... intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, is hereby prohibited.
Página 97 - The district courts shall have original jurisdiction of all civil actions wherein the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and arises under the Constitution, laws, or treaties of the United States.
Página 110 - Some comments in the Miranda opinion can indeed be read as indicating a bar to use of an uncounseled statement for any purpose, but discussion of that issue was not at all necessary to the court's holding and cannot be regarded as controlling. Miranda barred the prosecution from making its case with statements of an accused made while in custody prior to having or effectively waiving counsel. It does not follow from Miranda that evidence inadmissible against an accused in the prosecution's case in...
Página 105 - Upon the whole, therefore, the law of New Hampshire is, in my judgment, a valid one. For, although the gin sold was an import from another State, and congress have clearly the power to regulate such importations, under the grant of power to regulate commerce among the several States, yet, as congress has made no regulation on the subject, the traffic in the article may be lawfully regulated by the State as soon as it is landed in its territory, and a tax imposed upon it, or a license required, or...
Página 99 - There may also be, as in the present case, local regulations whose effect upon the national commerce is such as not to conflict but to coincide with a policy which Congress has established with respect to it. Examination of the evidence in this case and of available data of the raisin industry in California, of which we may take judicial notice, leaves no doubt that the evils attending the production and marketing of raisins in that state present a problem local...
Página 71 - States — Alabama, Idaho, Iowa, Maine, Michigan, Mississippi, Montana, New Hampshire, North Carolina, Ohio, Oregon, Pennsylvania, Utah, Vermont, Virginia, Washington, West Virginia, Wyoming...
Página 97 - Section 1337 provides that the district courts shall have original jurisdiction of any civil action or proceeding arising under any act of Congress regulating trade or protecting trade and commerce against restraints and monopolies.