Everard's Breweries v. Day

From Conservapedia

Jump to: navigation, search

In Everard's Breweries v. Day, 265 U.S. 545 (1924), the U.S. Supreme Court upheld a federal statute that forbade the sale of liquors manufactured before passage of the statute, despite the fact that individuals were left with previously acquired stocks. The claim of a taking in violation of the Fifth Amendment was tersely rejected. Id. at 563.

This decision is often cited for the principle that regulations that bar trade in certain goods have been upheld against claims of unconstitutional taking.

It is not significant that the statute considered in Everard's Breweries had been passed under the Eighteenth (Prohibition) Amendment. The Court did not suggest that the Amendment gave Congress a special prerogative to override ordinary Fifth Amendment limitations.

Personal tools