The Volokh Conspiracy - Proposed California Beer Tax -- A Constitutional Analysis:

A California Assemblyman has proposed a dramatic hike in the state beer tax:

Joe Six-pack will have to pay a lot more to get his buzz on if Assemblyman Jim Beall has his way.
The San Jose Democrat on Thursday proposed raising the beer tax by $1.80 per six-pack, or 30 cents per can or bottle. The current tax is 2 cents per can. That's an increase of about 1,500 percent.

  But is this proposed tax constitutional? I say, obviously not. The tax would be blatantly unconstitutional under the Due Process clause, the 21st Amendment, the 8th Amendment, the Privileges & Immunities clause, and the Dormant Commerce Clause. Recall that the time of the Framing of the Constitution, Benjamin Franklin accurately captured the American approach to beer when he stated that "Beer is proof that God loves us and wants us to be happy." And was not Samuel Adams both a brewer and a patriot, I ask you?

  Relatedly, I have it on good authority that Patrick Henry has been wrongly quoted all these years, and that his actual statement about the revolution was, "Give me Liberty Ale or give me death!" The same goes for Nathan Hale, aka Nathan 'Ale, who actually said, "I only regret that I have but one liver to lose for my country."

  Placing such an undue burden on Californians' fundamental rights to liberty and the pursuit of happiness could not be a greater affront to these principles. I for one am deeply disturbed that Assemblyman Beall is so completely ignorant of basic constitutional principles.

  UPDATE: It occurs to me that this law also infringes the Second Amendment's right to keep beer in your arms -- an individual right if there ever was one.

	[Orin Kerr, April 14, 2008 at 12:48am] Trackbacks Proposed California Beer Tax -- A Constitutional Analysis: A California Assemblyman has proposed a dramatic hike in the state beer tax: Joe Six-pack will have to pay a lot more to get his buzz on if Assemblyman Jim Beall has his way. The San Jose Democrat on Thursday proposed raising the beer tax by $1.80 per six-pack, or 30 cents per can or bottle. The current tax is 2 cents per can. That's an increase of about 1,500 percent. But is this proposed tax constitutional? I say, obviously not. The tax would be blatantly unconstitutional under the Due Process clause, the 21st Amendment, the 8th Amendment, the Privileges & Immunities clause, and the Dormant Commerce Clause. Recall that the time of the Framing of the Constitution, Benjamin Franklin accurately captured the American approach to beer when he stated that "Beer is proof that God loves us and wants us to be happy." And was not Samuel Adams both a brewer and a patriot, I ask you? Relatedly, I have it on good authority that Patrick Henry has been wrongly quoted all these years, and that his actual statement about the revolution was, "Give me Liberty Ale or give me death!" The same goes for Nathan Hale, aka Nathan 'Ale, who actually said, "I only regret that I have but one liver to lose for my country." Placing such an undue burden on Californians' fundamental rights to liberty and the pursuit of happiness could not be a greater affront to these principles. I for one am deeply disturbed that Assemblyman Beall is so completely ignorant of basic constitutional principles. UPDATE: It occurs to me that this law also infringes the Second Amendment's right to keep beer in your arms -- an individual right if there ever was one.