Constitutionality of a law?

Question

Is banning liquor sales on Sundays unconstitutional? I do realize that doesn't appear verbatim in the Constitution, but it IS a long established constitutional principle. Obviously these are mostly local laws, but the Constitution is the supreme law of the land thanks to the Supremacy Clause, so it overrules local laws. So back to the core question, is it or is it not legal? Citation would be good with answers. Thanks.

Answer 1

The Constitution does not guarantee your right to alcohol. There isn't even any established Constitutional principles concerning alcohol that you claim.



The 18th Amendment prohibited the sale, manufacture and transportation of alcohol throughout the US. The 21st Amendment repealed the 18th Amendment and made it illegal to transport alcohol into a state where alcohol was prohibited. In other words, the 21st Amendment put control over the sale, manufacture, and distribution of alcohol back into the States' hands. Each State is free to restrict or prohibit the sale of alcohol in any way they see fit. They can set the minimum drinking age (despite popular belief there is NO federal law specifying age 21), restrict where or when alcohol can be sold, etc.



So no, there is nothing unconstitutional about banning the sale of alcohol on Sundays. A state could, if it so chooses, ban alcohol completely and still not violate any Constitutional provision.

Answer 2

States have the right to regulate their own intrastate commerce. Federal law only triumphs state law if there is a conflict. States and communities are the entities who ban liquor sales on Sundays, its not a federal issue, so you would have to check your state's constitution and possibly legal documents regarding your community.

Answer 3

Yes it is legal. Pennsylvania did it for DECADES, even now it is limited State Stores that are open. I'm sure people have challenged it in Court over the years.