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 Form 180 021b Nys Liquor Authority 2011

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the Commerce Clause grants Congress the power to regulate interstate commerce implicit in this grant of federal Authority is a restriction on the state's power to enact laws that burden or discriminate against interstate commerce this implied restriction is known as the dormant Commerce Clause in brown-forman distillers Corporation versus New York state liquor Authority the United States Supreme Court considered whether a state liquor law violated the dormant Commerce Clause the state of New York enacted a statute requiring distillers to file monthly price schedules with the state liquor Authority the statute known as the affirmation law also required distillers to affirm each month that the prices they charged in-state wholesalers were no higher than the prices they charged out of state wholesalers a distiller that decided mid-month to charge out-of-state wholesalers less was required to seek authorization from the liquor Authority Brown Foreman distillers sold liquor to whole

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