Federal Judge Finds Americans Have Constitutional
Right To Distill Moonshine In Their Bathtub
Daily Caller,
by
Katelynn Richardson
Original Article
Posted By: Beardo,
7/12/2024 2:10:32 PM
A federal judge rejected a more than century-old ban on home distilling as unconstitutional Wednesday.
Judge Mark Pittman, a Trump appointee, found that a federal law making it a felony to distill spirits at home exceeded Congress’ power, holding that neither Congress’ tax power nor its ability to regulate interstate commerce justify the ban. Pittman permanently blocked the government from enforcing the ban, which threatens violators with up to $10,000 in fines or 5 years in prison, against the plaintiffs it found to have standing.
“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote.
Post Reply
Reminder: “WE ARE A SALON AND NOT A SALOON”
Your thoughts, comments, and ideas are always welcome here. But we ask you to please be mindful and respectful. Threatening or crude language doesn't persuade anybody and makes the conversation less enjoyable for fellow L.Dotters.
Reply 1 - Posted by:
DVC 7/12/2024 2:16:19 PM (No. 1755032)
I'm guessing that this ruling won't stand very long. WAY too much money being made with controlling distilling of liquor to give it up, no matter what.
Amazingly, many other countries have no restrictions on distilling your own booze. There are companies out there selling some very sophisticated fractional distillation columns, not unlike small versions of what is seen in oil refineries, to private individuals in Australia, and I think in parts of Europe, too. YouTube videoes on them.
I don't drink alcohol, but the technology of distillation is interesting.
9 people like this.
Reply 2 - Posted by:
JHHolliday 7/12/2024 2:28:18 PM (No. 1755037)
The feds don't like you cooking your own booze. Why? No tax dollars, of course. You can buy decent small stills (ostensibly for distilling perfumes etc (wink, wink). My late mom had a friend who distilled brandy in a little still. She said her bridge club meetings were a lot of fun. It always reminded me of the sisters on the Waltons who made their papa's "recipe".
13 people like this.
Reply 3 - Posted by:
StephaniePlum 7/12/2024 2:28:51 PM (No. 1755038)
Finally, a judge is actually applying the constitution when considering WOKE nonsense. ‘Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote.
Societal Amnesia …. Perfect description of what we are living through today.
13 people like this.
Reply 4 - Posted by:
sunshinehorses 7/12/2024 2:29:37 PM (No. 1755039)
Why would the distilling of moonshine be any different than making your own wine or beer?? If you are not making it for sale, who cares?? BTW, my great great uncle was arrested in the 1920's for making bathtub gin :)
12 people like this.
Reply 5 - Posted by:
Catherine 7/12/2024 2:47:41 PM (No. 1755046)
Reminds me of my great grandfather. He made moonshine during prohibition. Had a dance hall nearby. That old man died rich.
10 people like this.
Reply 6 - Posted by:
Hazymac 7/12/2024 3:07:26 PM (No. 1755051)
The revenuers aka "revenooers" and the booze industry will undoubtedly appeal, but Judge Pittman is correct. Several NASCAR pioneers like Junior Johnson started out their careers running moonshine. They needed very fast cars with very powerful engines to outrun law enforcement and get their truck full of booze to its destination.
Friends and acquaintances of mine around Nashville and in the mountains to the south either distilled their own 'shine, or knew plenty of people who did. If the moonshiner doesn't know what he's doing, or is careless, a lot of people can get poisoned and die if they consume the bad rotgut. On the other hand, a few outlaw distillers have the right equipment and a genius knack for getting their booze just right. (A few of them are on television now showing us what they can do with their stills.) Theirs is as good as the super premium stuff at the liquor store. The lesson is to know your 'shiner before buying any white lightning.
10 people like this.
Reply 7 - Posted by:
bamapreacher 7/12/2024 3:21:23 PM (No. 1755054)
Hopefully someone nearby will start moonshining again. It is getting hard even in rural Alabama to find the real stuff, pure corn moonshine, Take a pint of it, mix it with a pint of raw honey, preferably produced in your immdiate vicinity, and a pint of lemon juice. Put it in a jar, stir it with a piece of rock candy on a stick and leave everything inside the sealed jar. Tastes horrible but will quickly knock out any cold you can name.
7 people like this.
Reply 8 - Posted by:
Dreadnought 7/12/2024 3:22:48 PM (No. 1755055)
You don't distill booze in your bathtub. The danger inherent in home distillation is the likely presence of heavy metals in the product of a home built distillation device.
8 people like this.
Reply 9 - Posted by:
chumley 7/12/2024 4:08:32 PM (No. 1755069)
This may end well. My moonshiner made a ton of money and retired to another state a few years ago. I havent been able to find another good one. I've had to drink (yecch) store bought booze. Maybe this will inspire other up and coming same day distillers.
6 people like this.
Reply 10 - Posted by:
LadyHen 7/12/2024 4:21:43 PM (No. 1755079)
People seem to think that liquor laws presently have something to do with politicians' religious beliefs. Please tell me you are not that naïve. The Liquor Distribution Lobby in Tennessee is probably the single most influential and ruthless lobby in the state, even more so than the music industry.
With an iron fist they control everything about how alcohol and liquor move into, out of, and around our state, down to the control of bottle and can sizes... and the politicians do EXACTLY what they say. I hate to even guess how much money they pump into the pols of this state. We certainly will never know. And the small business man and the consumer are quite simply the last consideration in this equation.
What few freedoms consumers and sellers have won have been decades long hard fought battles... and in the end the pols made sure they were more like minor concessions and regulatory reorganizations by the Liquor Lobby to maintain their control. There is no way on God's green earth that bunch of tyrants will allow one drop of home distilled liquor to be produced in this state.
8 people like this.
Reply 11 - Posted by:
Dodge Boy 7/12/2024 4:30:46 PM (No. 1755086)
Good! Looks like I now have work to do. But thinking using the utility sink in our laundry room might work better.
5 people like this.
Reply 12 - Posted by:
Laotzu 7/12/2024 6:14:57 PM (No. 1755125)
And you can make your own guns. You just can't sell them. Because the Constitution empowers the Feds to regulate interstate commerce, not the manufacture of alcohol.
5 people like this.
Reply 13 - Posted by:
Lawsy0 7/13/2024 1:00:39 AM (No. 1755235)
I thought I tasted a little Comet grit in that last batch. Next time don't scour the tub!
1 person likes this.
Below, you will find ...
Most Recent Articles posted by "Beardo"
and
Most Active Articles (last 48 hours)