It makes you wonder why this didn't happen earlier. www.lehtoslaw.com
Пікірлер: 1 700
@robertgivens2586Ай бұрын
If you tell someone something long enough it becomes acceptable as truth. There are many laws that intrude on our rights that are wrong but never challenged. Hats off to this judge
@johngalt97Ай бұрын
I'm reminded about a discussion I had about periodic rental housing inspections. The state law regulates the inspections, not the landlord's right to freely contract with a tenant. Most people think it mandates inspections, but the most it does is 'allow' cities to enact the code.
@MonkeyJedi99Ай бұрын
See also MANY local ordinances that try and make rights under the US Constitution illegal.
@kathleenkrug-byle1199Ай бұрын
That’s actually similar to a Trump saying - if you repeat the same lie often enough, people will start to believe it - The Art of the Deal.
@kathleenkrug-byle1199Ай бұрын
@@MonkeyJedi99And state law - DeSantis signed a law restricting the first - no filming of police closer than 16ft.
@DonariaRegiaАй бұрын
The reason people can brew beer at home was an executive order from Jimmy Carter, the last president of the people, by the people and for the people. The superdelegate system was a direct response to his successful campaign.
@joefratianni8693Ай бұрын
Good. Distilling small amounts for personal use should have never been illegal.
@BlackJesus8463Ай бұрын
Turns out it was the law that was illegal the whole time. 🤪🤪
@terry_willisАй бұрын
Why is there an alcohol tax at all? There's no milk tax, or soda pop tax.
@bjackman16502Ай бұрын
@@terry_willis Because the Federal government IS going to take money to keep itself funded. (And, possibly, provide a few services as a side effect). I actually prefer taxes on things that we don't HAVE to do (buy alcohol, buy tobacco products, buy luxury goods,...) to the taxes on which we have no or little choice (income, fuel, clothing that is not luxury).
@tomeauburnАй бұрын
I thought the Feds allowed small amounts to be made but it was the States that ban it. I live in Florida and believe it's not allowed here
@peterlively8269Ай бұрын
It wasn't illegal if you paid the government a lot of money. Which is basically why the law was declared unconstitutional.
@cokdnlokd1238Ай бұрын
It's about time that illegal taxes are abolished.
@nightlightabcdАй бұрын
And past time for those that should be paying taxes to pay their taxes.
@fakiirification7 күн бұрын
didnt even have to throw any tea in the water either.
@SteveB-nx2uoАй бұрын
the only thing surprising about this case is that there is still a judge in our system who understands or cares about citizens rights and the constitution
@BlackJesus8463Ай бұрын
Now they just need to compensate all the victims of this bad law.
@marknyeste3604Ай бұрын
There are plenty, we just don't hear about them.
@silverXnoiseАй бұрын
Women’s healthcare is still illegal. Same circuit.
@rationalbushcraftАй бұрын
Well I hope that is the case but truth is there are very few countries that allow home distilling. New Zealand is one. Not that it is right as home distilling is less dangerous than the gas can in your garage. A few other countries do it with no issues.
@The_GallowglassАй бұрын
The thing that made no sense about this law to begin with is that, in most places, fermentation of alcohol for personal use isn't illegal. Why would making spirits be illegal if you're not sellin' it?
@jamesbarton1969Ай бұрын
Don't say that about home coffee makers, our entire state legislature just perked up.
@bartsanders1553Ай бұрын
Thankfully my state legislature doesn't have anything brewing like that.
@jeremygregorio7472Ай бұрын
The problem with distilling is if you do it wrong people go blind. That's why it wasn't legal. It needs a fuck ton of regulation
@jab100lochaberАй бұрын
Instant coffee banned, too?
@nospam3001Ай бұрын
@@jeremygregorio7472 No, it was always about revenue. Safely distilling liquor isn't hard. And since the moonshiner is usually the first one to drink his product it's a self limiting problem anyway.
@joechang8696Ай бұрын
Starbucks throwing big money on this
@HariSeldon913Ай бұрын
Wasn't a court case, but in the early days of red light cameras the politicians argued that they were for safety rather than revenue. In one district when there was a vote on removing them, one of the same politicians stood up and said they couldn't afford to lose the revenue.
@theoriginalpaulyАй бұрын
There was another location that voted by initiative to make all monies collected by red-light camera to go to schools. The city council removed the cameras.
@MrMontanaNightsАй бұрын
Sure seems like if they weren't for revenue then they shouldn't be allowed to generate revenue from them right? Typical govt nonsense.
@jimmofford7781Ай бұрын
Arizona stopped them because they weren't getting enough revenue!!
@P_RO_Ай бұрын
Red light cameras are illegal here in SC, but that law can be revoked, amended, or superseded by a new law so it doesn't have assured permanence in it. And it doesn't prevent the use of speed cams which could be used to generate revenue. Of course we've got scads of cams at intersections now for plate reading and facial recognition (mostly by Flock) so it wouldn't take much to 'upgrade' to red light cams.
@tylerdurdin8069Ай бұрын
@@P_RO_ are you kidding me‽ It would be a downgrade to "turn" ai technology in cameras into red light cameras. They do all the above and much more. Sir you most assuredly have red light cameras, they just aren't called that
@davemckee4907Ай бұрын
I grow a large garden and raise my own chickens for eggs,this is like the ATF saying I can't do that because they can't tax my food.
@a-k-jun-1Ай бұрын
They are trying to tax your personal garden. That's the motive for trying to get everyone to register their gardens with the government. It's either to raid it or tax it.
@Hatbox948Ай бұрын
Don't tempt them!
@howlinwulfАй бұрын
Shhhh careful what's whispered. Big brother is watching.
@jeebuskАй бұрын
it's illegal in many places already
@BlackJesus8463Ай бұрын
@@jeebusk Im sure you'll find those to be illegal eventually
@joeblow8593Ай бұрын
It used to be that you needed a special license from the ATF to make beer at home. President Carter signed into law around 1976 to allow people to make beer at home if it's under 200 gallons a year. And legal or not, at home distilling has been going on even before we were a country.
@geraldfrost4710Ай бұрын
A hundred gallons per adult household member, and you're not allowed to sell it. That's a lot of wine or beer! (Yes, I brew my own wine.)
@bobbun9630Ай бұрын
@@geraldfrost4710 I'm pretty sure you're both right and both wrong on the quantity. It's 100 gallons per person over 21 in the household, up to a maximum of 200 gallons total. I don't know how that's likely to be enforced, as I'm not aware of a record keeping requirement. I guess if you get raided for some reason and they find that more than that in production all at once that it could be a problem. I have never heard of it happening, though I suppose it could. That can be quite a bit of alcohol, though, considering homebrew wine can be up to around 20% alcohol. I hate to think of how much devastation would be wreaked on my life if I drank so much as that.
@geraldfrost4710Ай бұрын
@bobbun9630 You are right. 100 gallons per adult, 200 gallons per household. None of the home wine and beer brewers I know cross this limit. Separate is the health issue. Stainless steal or pure copper is safe. Lead leaches out into the alcohol, and that is very-very bad.
@geraldfrost4710Ай бұрын
@@bobbun9630Figuring beer is 4% alcohol, wine is 12% alcohol, how many gallons of 100 proof alcohol (50% alcohol) seems reasonable? Frankly, more beer and less distillation seems reasonable. None of this includes sales, ever. Also, a home brewing certificate seems reasonable. I post videos on home brewing, and a certificate in the background would be nice.
@bobbun9630Ай бұрын
@@geraldfrost4710 Equivalent volumes are easily estimated (not calculated exactly, as volumes aren't strictly additive in this scenario) using simple ratio calculations. I don't really have an opinion on what amounts are reasonable. On the certificate, if that certificate actually permits distillation in your home, I suspect that having one could cause a lot of problems getting homeowner's insurance. The insurance company probably won't trust you to do it outdoors a good distance from the structure with proper safety controls.
@AeroGuy07Ай бұрын
We can brew our own beer and make our own wine. There shouldn't be a separate law for spirits.
@BlackJesus8463Ай бұрын
Most laws are bad laws. There is no ethical way to force your morality onto neighbors.
@the_inquisitive_inquisitorАй бұрын
@@BlackJesus8463 I checked and God says it's immoral NOT to force His morality on my neighbors....
@chrisbudesaАй бұрын
@@the_inquisitive_inquisitor. Which god?
@KlodFatherАй бұрын
@@BlackJesus8463 - That is exactly what is going on in our schools with all the BS they teach the kids... They might not be able to change your mind but they have your kids... And your morality has to go. Thus we have all the forkery you see today.
@wayneessar7489Ай бұрын
Our supplier of all things for making alcohol will sell you anything for beer and wine making but won't sell distilling gear unless you are a distillery. They do sell the books, testing equipment, etc., but not stills.
@BigEd1001Ай бұрын
I wonder if the $10,000 fine was in the original law? That would have been millions in today's dollars.
@johngalt97Ай бұрын
$370,000 adjusted for inflation.
@tracym8952Ай бұрын
Lol no but it would be like 150k though. There's inflation calculators that go back to 1800
@solandri69Ай бұрын
@@johngalt97 Prior to the U.S. going off the gold standard, the dollar suffered regular cycles of deflation. "Suffered" because when the currency is deflating (increasing in value), that causes people to shove their money under the mattress instead of spending it, tanking the economy. In fact that's the entire reason we went off the gold standard - so the government could control the dollar's value and make it slowly inflate, to prevent these bouts of deflation (caused by people mining more gold than the economy was growing). So due to rounds of deflation which don't happen anymore, the cumulative inflation since the Civil War era is not as much as you probably imagined it to be. $10k in 1970 would be worth about $83k today. Meaning the inflation from 1970-2024 (54 years) was 8.3x. While the inflation from 1861-1970 (109 years) was only 4.5x.
@ICU2B4UDOАй бұрын
@@johngalt97...I just did an inflation calculation, it came up $221,250...Well, their both a Lot more than I have!! ROFLMAO 😅😂
@TheDuckofDoom.Ай бұрын
@@solandri69 Somebody sure learned their econ from central bank shills. Even setting aside that the rather dubious consumer price index (regularly massaged for political ends) is not a measure of monetary inflation in the economic sense; Anybody with half a wit can look up wages and advertised prices in 1970 and see that ×8.3 is a substantial lowball. More importantly, the idea tha deflation tanks the economy is pure myth cooked up by clever accounting combined with a large dse of equivocation. Every period of US history with general price deflation has been acompanied by a large increase in the standard of living for those in the lowest income brackets. The only thing that tanks is the ability of the upper class to skim off the cream. The purpose of government driven inflation, as we have had in and since the mid 20th century, is simply a covert wealth tax on those furthest from the central banking system and to enrich those closest to it. This has been the case with all central banks for centuries, way back to mercantilist England.
@yt650Ай бұрын
I am a very old man and I had an opportunity to talk to my wife’s grandmother decade upon decade ago, actually the early 60s. She lived in the hills of Virginia and my wife’s grandfather, although deceased would partake in making moonshine. She told me that there were plenty of revenuers around those hills looking for stills and some of them are still there. It was always about the money and it definitely still is with the government..
@BlackJesus8463Ай бұрын
bad laws arent going to fund themselves!
@dinaharnold1696Ай бұрын
My uncle by marriage told me his dad had 15 children and he made moonshine to be able to take care of them. Southern Virginia
@pennybourban3712Ай бұрын
@@dinaharnold1696 If it was during the depression it may have been his only source of revenue. Poor man. An elderly woman I knew, told me how her father became a hobo with a lot of other men. They hopped trains from city to city looking for work. They mailed the money home. It's how her family survived.
@thogevollАй бұрын
And, that's just one of tens of thousands of unconstitutional laws legislated and on the books.
@AlastrionaАй бұрын
I remember a number of years ago a Kansas family had their house raided because the father and son had visited a garden center. The government reasoning that people buy equipment that can be used to grow marijuana. It seems that beyond the government’s comprehension that people shop garden centers to buy implements to grow fruits, vegetables and flowers.
@johngalt97Ай бұрын
Was that the case where a Walmart security personnel looked at video and mistakenly thought they had stolen sacks of soil or sand, then LE came to the guy's house the next day and did a swat and refused to let the guy show them his receipt?
@BlackJesus8463Ай бұрын
sociopaths
@nunyabisnass1141Ай бұрын
Sounds like they got some hydroponics stuff, which in itself isn't or shouldn't be enough to get a warrant. I was speaking on something similar on a chemistry channel, how many home chemists are legally permitted to perform all kinds of syntheses, but on occasion they will raid a house or send an agent just to see if you fit a profile. Styropyro and codyslab got a visit from the FBI that way, and it was a polite visit. Cody on one hand though...has done some questionable albeit perfectly legal things, and he posts it on YT for everyone to see, so yeah that could get some attention.
@mordsytheАй бұрын
I have a buddy that had that exact issue in FL about 6-10 years ago. He stocked up on a lot of hydroponics and was raided within the week.
@mordsytheАй бұрын
@@nunyabisnass1141 the raid was “justified” because a neighbor reported the hydro mats and said there was a smell or weed from the house (turned out it was the neighbor the other side that was growing)
@gregbillman42Ай бұрын
My mother told me that during the depression when she was a little girl, every day before she went to school my grandfather would tell her "don't tell anybody your dad is making booze in the basement". It wasn't until years later that I realized that this was during prohibition.
@willdwyer6782Ай бұрын
I've got a photo taken in 1933 of my great-great grandfather a few months before he died in the town of Clare, Michigan. He was helping his nephew deliver the State Journal and he posed for the camera holding the front page of the newspaper which had a headline declaring Michigan the first state to vote on ratifying the 21st amendment to repeal prohibition.
@katiekane5247Ай бұрын
@@willdwyer6782my grandpa ran liquor across Lake Erie from Canada to the Kelly Islands in Ohio. Had a cottage there for summer vacations.
@chrisester2910Ай бұрын
Thank God NASCAR already exists... this ruling might have destroyed America's actual favorite sport. 😂😂😂
@the_inquisitive_inquisitorАй бұрын
@@willdwyer6782 I've got deep roots in Clare Michigan, love that place.
@norwoodwildlife9849Ай бұрын
I'm proud of your mother for keeping that secret, that's not easy to do, especially as a young child
@jimellis1496Ай бұрын
The market for home distilling equipment is going to be HUGE!
@BlackJesus8463Ай бұрын
Some people use electric kettles and i think Ive seen small column distillers.
@FrugalShaveАй бұрын
We already have a huge presence in the market, Amazon is full of stills for sale as well as lots of artisanal stills on dedicated websites.
@TheEvolvingAudioNutАй бұрын
It already is. 😉
@BlackJesus8463Ай бұрын
@@FrugalShave Yup! Water needs distilling too!
@CarysCornerАй бұрын
Have already seen companies selling this equipment, but the disclaimer is that it is for making vinegar… 😅
@ke9tvАй бұрын
I'm surprised you didn't discuss the relation of this case to Wickard v Fliburn? Or the line of cases on hemp prohibition, which is founded on the idea that you can't sell hemp without a tax stamp that the government does not issue?
@henrybrandt1057Ай бұрын
Excellent point. Wickard v Filburn is one of the most egregious instances of government overreach and a clear-cut violation of the Constitution. It's a SCOTUS decision that's a travesty, just like the Kelo decision, and a 6th grader can figure it out.
@xlerb2286Ай бұрын
The reasoning on why it's interstate commerce is if you weren't making it yourself you would be buying from someone else. And that someone else would likely be in another state and therefore it's interstate commerce. Which is master level twisting the law beyond the bounds of reason.
@BlackJesus8463Ай бұрын
That a few different kinds of logical fallacy.
@Duke_Romilar_IIIАй бұрын
THe logical acrobatics there rivals anything seen at the circus or the Olympics.
@rodmena3404Ай бұрын
They use the same reasoning with peanuts up until the 90s it was illegal to grow peanuts in your garden because you wouldn't be buying them
@jeebuskАй бұрын
the same should have been applied to knitting and everything else :p
@chrissinclair4442Ай бұрын
It was all started by George Washington as well.
@randallkelley3600Ай бұрын
“The sun shines bright on my old Kentucky home…the moonshine’s in the basement “
@jlangevin65Ай бұрын
Government charges sales tax on food served at restaurants, so they could argue that preparing meals at home is illegal because it impacts tax revenue.
@DanielsPolitics1Ай бұрын
@@jlangevin65 I imagine failing to notify the establishment of a restaurant already is illegal. The difference is that selling food is taxable, while making any spirits is taxable.
@stevenschnepp576Ай бұрын
@@DanielsPolitics1 _Selling_ spirits is taxable. If there's no exchange of money at any point, what's there to tax and how's it justified?
@DanielsPolitics1Ай бұрын
@@stevenschnepp576 Production of a good. Like taxing gas.
@crsy3Ай бұрын
That was a very intelligent observation and on point.
@noithinknot4583Ай бұрын
Could you please not give them any ideas.
@cmboergerАй бұрын
It kills me that a person has to break a law to challenge it. We shouldn't have to put our livelyhood at risk it challenge bad laws.
@terry_willisАй бұрын
That's a flaw in our legal system that I never understood.
@BlackJesus8463Ай бұрын
@@terry_willis Because there is no ethical way to force morality onto neighbors. Government is born out of bad karma the only thing it can do is fail, like every state before it.
@keysautorepair6038Ай бұрын
Learn something new every day thanks.
@chriss79Ай бұрын
There are "pre-enforcement challenges" that allow citizens to challenge laws without risking a criminal records.
@solandri69Ай бұрын
@@terry_willis What's particularly egregious about this is that the government abuses it to pick and choose which cases end up going to the higher courts. - A civil asset forfeiture case comes up where a person is moving and the police seize the entirety of his life savings, leaving him destitute and homeless. They lose the initial case and don't bother appealing it. That means CAF is now illegal in that town or county now, but they're willing to cede that loss. - A CAF case comes up where a millionaire drug dealer with a mile line rap sheet loses his Lambo. They will do everything they can to make sure it gets appealed as far up as they can push it. That way this extreme corner case of CAF gets used to set precedent making all forms of CAF legal.
@tombob671Ай бұрын
Back in the 1960s I worked for a supermarket that sold large bags of sugar in quantities that looked suspicious. A pickup load of sugar every couple of weeks left our store. I got a lesson in personal privacy there. It's not in our business to question what someone did buying a legal commodity sugar. I guess it was a don't ask don't tell scenario.
@HomesickforAlaskaАй бұрын
They were just making fudge 😊
@dinaharnold1696Ай бұрын
The church was having a bake sale??????
@TheBagOfHoldingАй бұрын
Great now we need to remove all sugar tariffs.
@joeyf504327Ай бұрын
I wouldn't say "better than never I guess" because if a law stays on the books for over 150 years, we do NOT want the precedent to be "Oh, it's old, so it can stay." That could be bad
@chilcootchicks4968Ай бұрын
I really hope this sticks. My name was passed to ATF when the supplier exhausted their attempts to keep their customers names private. I got one of those letters. 😬
@WalterHildahlАй бұрын
People should be able to distill their own liquor in their own home.
@Flies2FLLАй бұрын
Q: Why can't people drink automotive washer fluid? Research that one some time....
@shawnkennedy855Ай бұрын
@@Flies2FLL They can,just shouldn't.
@beekeeper8474Ай бұрын
@@Flies2FLL why do people cook their own food haven't you heard of shotguns! That's your logic?
@nospam3001Ай бұрын
@@Flies2FLL Is the a specific law against it? I mean other than the generic prohibition against suicide.
@kevinbarry71Ай бұрын
Try it. Distilling is actually quite dangerous. It's not like fermentation
@LMacNeillАй бұрын
Will this case affect Wickard v. Filburn? The case which said a person growing wheat for their own personal use was engaging in "interstate commerce?" Because it sure seems to me that this ruling goes against that one. Sure would be nice if the government got all the way off our backs, so long as we're acting privately and not actually selling something on the free market.
@benroberts2222Ай бұрын
And Gonzalez v Raich
@BlackJesus8463Ай бұрын
the f̶r̶e̶e̶ market
@electricpaper269Ай бұрын
Personally, I think that is still the worst SCOTUS decision ever. Massively expanded federal control over not just the economy, but everything else as well. After that, as long as something can be shown to even indirectly and minutely affect interstate commerce in some way (which is pretty much everything) then Congress has the power to fully control it. SCOTUS only ruled that way since FDR threatened to pack the court if they didn’t go along with all his policies.
@marlberg2963Ай бұрын
Wickard was bad law when it was decided and the court knew that it was but they allowed themselves to be strong armed by Frank the crip Roosevelt who was threatening (just as Schmucky Schumer has done recently) the judiciary with court packing.
@Br3ttMАй бұрын
It is definitely something that could be cited when challenging cases in other sectors of not-actually-commerce.
@julianachandler2975Ай бұрын
It’s hard to believe that this is the same country where the Boston tea party happened. It seems like every day there is a new tax or fee, that we the people never agreed too. Good for the judge🎉
@IAmTheRealBillАй бұрын
The BTP wasn't about taxation. It was about colonial self-rule versus an ever growing demand of central rule by Parliament.
@julianachandler2975Ай бұрын
@@IAmTheRealBill it was absolutely about taxation without representation
@jrichmond9082Ай бұрын
We went to war with our home country for 3 cent a pound on imported tea .. how much is the national gas tax average ??
@Metal_AuditorАй бұрын
Maybe this will be the first step toward rolling back Wickard v. Filburn, the case which has allowed Congress to define pretty much anything as interstate commerce, even things that aren’t interstate or even directly commercial in nature.
@lilmike2710Ай бұрын
It would be lawyers for the major corporate distilleries that would lobby for it to be appealed.
@Br3ttMАй бұрын
There are three groups that push regulation the most. Agencies trying to grow their own power, budget, and employment, politicians using the regulation to punish opponents or give exceptions to friends and donors, and existing major players in an industry working to increase the barrier to entry, because they can afford all the bureaucracy that a tiny business can't, and no small businesses means no future competitors growing up.
@BozesanVladАй бұрын
The land of the free was born against (king's) taxation. Now the king *is* taxation (IRS, ATF, etc)
@BlackJesus8463Ай бұрын
They are liberal with your money and conservative with their own.
@CharagrinАй бұрын
Uh, no. The war was because we were being taxed without representation due us by taxes paid, not "taxes." Why do you losers hate America?
@SteveSleeve-fs4peАй бұрын
Yep, we were better off with a king
@bjackman16502Ай бұрын
Negative! The land of the free was born because the King was taxing us without giving us a voice in said taxation!
@dansanger5340Ай бұрын
Taxation without representation, not just taxation.
@smellygoatacresАй бұрын
I'm loving that courts are finally reigning in the feds. They truly believe that if they say it, it is so.
@Br3ttMАй бұрын
Some of the courts are, at least. There have been some blatantly bad rulings in other cases, but we're at least seeing some big and relatively broad rulings especially against Federal agencies, which previously acted with basically no oversight.
@shatteredmatrixincorporate8755Ай бұрын
Best thing ive heard all week.
@SilverstilettoАй бұрын
If I recall when the original law was passed the federal government was getting the majority of its income from taxing alcohol. Have to remember that would of been before the federal reserve and individual income tax.
@oktayyildirim2911Ай бұрын
What I want to know is why they didn't instead provide a legal avenue for home distillers to pay taxes on the alcohol they make instead of outright banning the practice. Protectionism?
@shelbynamels7948Ай бұрын
I thought Steve was going to touch on that when he provided a historical perspective. I thought the rationale was that at one time it was a useful and needed law, but over time things changed, the underlying reason for the law became extinct, but the law, as do so many like it, stayed on the books because nobody ever goes in and clears out the legislatic attic .
@davesnothere8859Ай бұрын
Just because it is a law for a long time don't mean it was right. They should never have been able to tell you what you can do in your own home.
@mikepalmer2219Ай бұрын
Legal has never meant right. And illegal has never meant wrong. Laws seem to always benefit someone up the chain.
@tomsan7742Ай бұрын
the home brewed coffee comparison was perfect 👍 luv the way steve always looks to his left when he finds something perplexed or extra stupid.
@somewhat.randomАй бұрын
Always nice to see The Revenuers getting told to step back.
@jimsackmanbusinesscoaching1344Ай бұрын
Well, there was the whole Whiskey Rebellion thing....Last time a President led an Army in the US.
@spud435Ай бұрын
Looking up my ancestors records. Show paying taxes after that. Granted land for service in the American Revolutionary War then the one of the first to pay taxes.
@nospam3001Ай бұрын
@@spud435 Yep, and that was after being jipped out of the pay they were promised.
@sailirish7Ай бұрын
@@nospam3001 starting a tradition that continues today...
@ridgerunner5772Ай бұрын
Geo Washington led the United States Army against The People who Fought and Won the Revolution.... Irony?? There is a reason the Scots-Irish went to the Hills and wanted NOthing to do with any Government...... The Freedom of The People is an Illusion....
@robertschmit7837Ай бұрын
The federal government made its bones by putting down the Whiskey Rebellion. The prior central government was unable to function because the states starved it of tax revenue and they had no way to collect it from the states.
@robertpendzick9250Ай бұрын
Gives me an incentive to clean the bathtub. My father use to talk of delivering 80lbs bag of sugar, to homes, but not to the basement, always to the attic with a tub.
@beekeeper8474Ай бұрын
Terrible for fermenter so many better things to use
@BlackJesus8463Ай бұрын
@@beekeeper8474 it was a joke bruh. not that deep
@beekeeper8474Ай бұрын
@@BlackJesus8463 just like you
@BlackJesus8463Ай бұрын
@@beekeeper8474 I bet your real fun at parties.
@johntracy72Ай бұрын
Bathtub gin
@billmorse221Ай бұрын
Amazing there are judges out there with common sense. Amazing!!!
@BlackJesus8463Ай бұрын
lol I bet bruh has made all kinds of batshit crazy rulings.
@KingBrandon-zd3ciАй бұрын
one in a trillion
@mage1439Ай бұрын
Pretty wild that they actually used "mah moneh!" as an argument.
@BlackJesus8463Ай бұрын
Pretty wild it took 150 years for a close approsimation of justice.
@NoobTamerАй бұрын
The most honest the government ever was, when they told us it was all about the money, nothing else.
@Dylant38Ай бұрын
I know people who distill at home but only about a gallon or three a year. Never knew a law existed to keep you from doing so
@danielseelye6005Ай бұрын
Look up the Whiskey Rebellion during Washington's first term as President. This is an extension from that.
@BlackJesus8463Ай бұрын
words on paper
@robertjune1221Ай бұрын
I've been looking into home distilling. Although it's illegal, the advice seems to be don't tell, don't sell. Be discrete!
@auridion2037Ай бұрын
@@robertjune1221 I don't distill but this applies to various plants too 😉
@lrmackmcbride7498Ай бұрын
@@robertjune1221 my still is strictly for purifying water. You would be suprised what impurities are in water.
@jasonpatterson8091Ай бұрын
Automatic comment moderation is absolutely INSANE. KZfaq is just deleting everything now - completely clean, non-threatening, non-insulting comments about distilleries?
@the_inquisitive_inquisitorАй бұрын
It deletes about 1/3 of all comments. Nobody is checking to make sure it was actually supposed to delete any particular comment.
@BlackJesus8463Ай бұрын
Oh yeah. KZfaq is doing the devils work.
@the_inquisitive_inquisitorАй бұрын
On this, @@BlackJesus8463 we can agree.
@jimlasswell4491Ай бұрын
If this is not overturned on appeal how will it affect states other than Texas?
@kameljoe21Ай бұрын
I read about this yesterday or the day before, Was hoping Steve would cover it. I just hope that they do not appeal. Because this would be a super cool to be able to distill at home. You can buy proper equipment today for low costs.
@donlowry6469Ай бұрын
I recall in the 70s during the gas crisis, a ruling that allowed home distilling as long as something was added to it to make it unfit for consumption.
@bobweiss8682Ай бұрын
Distilling ethanol for fuel requires an ATF license, however.
@jeebuskАй бұрын
chemical companies add stuff to prevent some alcohol from being consumable
@donlowry6469Ай бұрын
@@bobweiss8682 Perhaps not for much longer.
@johngalt97Ай бұрын
Wasn't there a cap on how much, too?
@ericwilliams1659Ай бұрын
Even today, a person can get a permit to distill for industrial purposes. But yes, you have to add an ingredient that makes it not drinkable.
@RPSchonherrАй бұрын
If it wasn't for that law, we wouldn't have NASCAR
@anndennis7163Ай бұрын
Or the Dukes of Hazzard! :D
@gman4482Ай бұрын
Making of beer and wine at home only became legal in 1978.... here it is: It was not until 1978, when President Jimmy Carter signed H.R. 1337, an act authorizing the home production of beer and wine without federal taxation, that homebrewing became legally permissible.
@TheBenjomcmlxxvАй бұрын
Defund the ATF. Now that Chevron is repealed and with this judgement, the entire ATF needs to go.
@rnash999Ай бұрын
It isn't just Federal. It is illegal in Florida to own parts of a still. So if you have something like a squiggly piece of copper tubing without an obvious use and they suspect you of having a still you can be charged.
@tedmossАй бұрын
They have other work to do.
@jasonhas7456Ай бұрын
Can't wait for this update.
@johngalt97Ай бұрын
High schools ought to have a semester of constitutional class in which they examine the constitutionality of various laws on the books. This would teach the constitutional principle of law at the same time as giving review to specific laws the courts don't have resources to review. With modern networking capabilities, cogent arguments could be worked out, eventually. I know my city's local code could use a thorough review, and revision.
@jeebuskАй бұрын
I had a class on gov't which most probably didn't get, idk.
@BlackJesus8463Ай бұрын
or they could start a distilling club in home economics. 🤣🤣
@mclaine33Ай бұрын
That’s crazy. I would have assumed after the end of Prohibition period that it would have been legal to distill your own alcohol for personal use. It’s nuts that this law was even on the books after the end of Prohibition
@CraigGrant-sh3inАй бұрын
The village I grew up in had a large Italian population. With most of those Italian families came grape barbers in their back yards. Those grapes were used to make wine. The wine was mostly for home consumption but, was also a bartering tool. I'll give you three bottles of wine for one prosciutto ham. I once saw the neighbor behind my then future brides house shoot a couple of pigeons off his neighbors house with a BB gun. Minutes later he shows up at the house next door with squab in hand. A while later he left with a bottle of homemade wine in hand. The neighbors also used to slaughter a sheep in their garage every year. Wife to be said she'd wake up to the sound of a blatting sheep. The house she lived in was her grandfathers. There was a grape barber in the back yard and a big wood wine press in the wine cellar.
@davidh9638Ай бұрын
* arbor
@mrtechie6810Ай бұрын
"Grape barber": Do the grapes have hair?
@bobbun9630Ай бұрын
The wine is legal here and now. Up to certain quantities. Bartering with it likely is not, though I doubt it's worth the Feds' time to prove that your three bottles of wine in exchange for a ham from a neighbor was "trade" rather than "exchanging gifts".
@gordonshumway7239Ай бұрын
It’s a day of celebration in WV! I can see and here the fireworks from here.
@nolongeramused8135Ай бұрын
My grandfather was making whiskey in his barn before, during, and after prohibition. The local sheriff's department was one of his regular customers.
@BlackJesus8463Ай бұрын
lol I knew there were more good cops than the police state was letting on!
@user-no1ty6dt2bАй бұрын
I don't know if this has been addressed, but I remember watching a documentary on prohibition. On this documentary it said that before we had income taxes on wages, the government collected tax by tariffs and taxes on alcohol. Before the government could ban alcohol, they had to make a way to fund the government without the alcohol tax. That is how we got the income tax.
@natehill8069Ай бұрын
Ive never understood why it was OK to make beer at home and OK to make wine at home, but distilled spirits - thats wrong!
@elvanallen8832Ай бұрын
Well, it's partly that beer and wine fermentation can't explode.
@BlackJesus8463Ай бұрын
@@elvanallen8832 They can and do.
@wendull811Ай бұрын
@@elvanallen8832 tell us you have never homebrewed without telling us. Lol😅
@GamesFromSpaceАй бұрын
@@BlackJesus8463 Beer and wine don't explode in the flammable way, just in the water balloon way. It's an important difference.
@elvanallen8832Ай бұрын
@@wendull811 I mean flaming explosion, not pressure explosion you Philistines...
@fishingbob8374Ай бұрын
This law was passed less than 100 years after we revolted over tax on tea. And it worked. That's history.
@Hibbie2963Ай бұрын
Hell I've been making my own liquor for years!
@BigrignohioАй бұрын
Brewing is legal. Distillation is where the government decided to over-reach.
@IanBPPKАй бұрын
@@Bigrignohio and liquor is distilled
@danielseelye6005Ай бұрын
It's been that way since the Whiskey Rebellion.
@BlackJesus8463Ай бұрын
@@IanBPPK malt liquor
@jeebuskАй бұрын
I didn't know this was illegal 😅
@NAVYABHANАй бұрын
Tax My Liquor And I’ll Dump Your Tea! “ 🤣🤣
@briangarrow448Ай бұрын
During the global lockdown, my son and I had a great father/son project. We started home brewing. I have to admit that it was great fun! We also brewed some root beers for the kids! It’s a great way to teach anyone about how to follow recipes and learn accurate measurements. Consider it a scientific skills test!
@markchastant5853Ай бұрын
That’s why they called the treasury agents revenues back in the day
@richardbeckenbaugh1805Ай бұрын
In junior high school, every kid had a still. Every Saturday night we’d tend our stills while watching the original SNL cast on a battery powered television. Good times. You’d buy a case of Mickeys big mouth, drink half a beer and refill it with moonshine. It cut the potency to something we could handle and gave it some taste.
@BlackJesus8463Ай бұрын
lol
@dennisclapp7527Ай бұрын
Thanks Steve
@fritzprints718225 күн бұрын
Wow I learn so much from your great channel!
@howardclegg6497Ай бұрын
Pretty sure Alexander Hamilton would have found a way to tax it and send an army in to collect unpaid duties.
@dennisberman4640Ай бұрын
Ben - Hey Steve, move your right arm so I can see Ben.
@jackkreighbaum783Ай бұрын
Many years ago, in Blythe, CA, my parents would buy a subscription to receive UHF broadcasts from Phoenix, AZ. Proof of volunteering payment would be posted on the home window, near where Dad had installed the UHF antenna.
@BlackJesus8463Ай бұрын
Truth is a human right. no license required
@theohughes74Ай бұрын
My brother was a cop and he said any purchase you make electronically or with credit card is kept on a database, the feds don't need to contact a company to find out who they sold xyz to.
@Dan-yk6syАй бұрын
Hey Steve, you got a nice shout out at the end of the most recent IFJ video.
@joehannah1343Ай бұрын
I saw that as well!! You could say he got 2, one from comment and one from Institute!!
@JT-91Ай бұрын
they had a similar ban on making beer that was lifted decades ago. This is how craft breweries were made. Frankly as long as they arent selling it there is no loss of revenue to the gov and there is no risk to the public if they get it wrong
@the_inquisitive_inquisitorАй бұрын
I don't know a homebrewer who doesn't share, even if they aren't selling it.
@jeebuskАй бұрын
if you brew at home regularly, there may be some loss. I'm guessing these days they make more revenue from people buying brewing equipment they never use tho 😅
@the_inquisitive_inquisitorАй бұрын
@@jeebusk true, probably 80% of people only brew one batch.
@trekster9269Ай бұрын
About time. I ran into this law (not trouble with it) when I decided I wanted to try making my own vodka. It was insanity.
@BlackJesus8463Ай бұрын
making vodka or making good vodka? 🤣🤣✌
@reed13k73Ай бұрын
Just an FYI - if it isn't interstate commerce then it doesn't matter if it's a safety issue - it falls to the states if it isn't considered interstate commerce. Just like Hospitals, doctor licenses, and lawyer licenses aren't federally regulated. I work in medical devices - during a medical device inspection one of the first things the FDA does is ask for a bill of lading to show a product was shipped out of state so that they can solidly prove that they have full jurisdiction in their records.
@kathleenkrug-byle1199Ай бұрын
- Finally, a judge on the right side of the constitution. - Love the coffee analogy. - All drugs should be legal, like alcohol and cigarettes, which themselves are not safe in any amount.
@KenJohnsonUSAАй бұрын
My understanding of the law, as the ATF used to explain it, is you could.make distilled alcohol at home so long as you paid federal taxes on it. That, I believe, is why the DOJ argued revenue as the ATF's policy has traditionally been that you can make it so long as (1) Your state allows it and (2) You pay taxes on it. A lesser law exists for homebrewing wine and beer. Almost no one discusses this. Going to Mr. Lehto's concern about safety, there's a plethora of laws regarding the making, transport, and sale of alcohol. These laws break alcohol into 4 distinct categories: Beer, New Wine, Cellared Wine (Aged Wine), and Distilled Spirits. I make mead. When I got my MBA, a company offered me a $350,000 loan to establish a meadery where I made braggots, various melomels, grand meads, etc. Unfortunately, these aforementioned laws meant i would have to create three separate meaderies (since beer and wine laws say no grain-based beverages can be in a non-grain "winery" and no cellared wine-like products can be made in a licensed new wine winery). Moreover, I couldn't transport my products without a distribution company. If I wanted to have my business in Florida and sell my product at an event in Michigan, that distribution company then had to have business licences and pay state taxes for every state on the route between Florida and Michigan (unless I shipped by railroad...which is exempt. I'm still waiting for the railroad exemption to be contested by states losing out on the alcohol taxes.) According to US DOT, if any of my priducts contained milk or milk byproducts, I would.need special hazardous materials registration since the federal government considers milk as deadly as petroleum. Then, according to the ATF, I would be required to submit my recipes to them for approval as well as any label designs. I would then have to pay an extra expedited process fee if I wanted it approved in four years. So, after talking with the feds, the compliance costs alone took a $350,000 project and grew it into necessitating the establishment of four businesses, over $6 million in additional costs, a minimum four year wait before I could start selling my product, and that didn't include the state regulations. I fear few lawyers...let aline the general public...realize how much compliance costs impact businesses. While most mistakenly think it is about safety for the public...almost all of this regulation has nothing to do with safety at all and is centered primarily on control and money. Think about tobacco. Everyone got mad at tobacco companies about adulterating their products with addiction-enhancing amminia. However, ATF have similar laws for tobacco as they do alcohol. One of those laws says the feds have to approve the ingredients list in all tobacco products. So, by default, our own government approved the ammonia and the tobacco extracts and extra nicotine additives and more. No one went after the feds.
@actionjksnАй бұрын
I always thought this law was unjust. Prohibition of selling your hooch is one thing but not allowing making booze for personal use is entirely different and violates our rights. FYI, ready made home whiskey stills are available all over the Internet, including Amazon. A lot of them are not even expensive either. I hope this ruling sticks.
@paulschafer8335Ай бұрын
Thanks!
@stevelehtoАй бұрын
Thank you!
@dontuckerjrАй бұрын
My friend's father used to distill gallons for personal use. Nothing was ever sold. At home use should absolutely be legal and I kinda wonder if the argument put forward as a tax issue was to actually help decriminalize this activity. Hopefully, people are smart enough to know how to follow proper procedure to not make a deadly spirit.
@BlackJesus8463Ай бұрын
The tax is what made it illegal. You cant say they were hoping to decriminalize it someday but making it illegal today.
@Frankjc3rdАй бұрын
New Whiskey Rebellion, here come the revenooers!
@Noname-cm5gyАй бұрын
Standard court timing too. "oh we've been infringing your rights for 156 years?, eh we'll get to it"
@Likely_AlucardАй бұрын
This is actually something interesting... I will look forward to an update on this one
@BlackJesus8463Ай бұрын
That's how you know youre an NPC.
@bartsanders1553Ай бұрын
Take that, Boss Hogg!
@terry_willisАй бұрын
AND Sheriff Roscoe P. Coltrane too.
@sbroz1424Ай бұрын
Wasn't, The Marihuana Tax Act of 1937, enacted to stop the sale of marijuana by simply not issuing any stamps?
@danielseelye6005Ай бұрын
It was set up at a catch-22: To have cannabis legally you needed the tax stamp, but you couldn't get the stamp unless you had the cannabis on hand, which meant you had to have it illegally before making it legal.
@BlackJesus8463Ай бұрын
its not the words on paper you have to worry about its the army of sociopaths who will do anything for money.
@bobweiss8682Ай бұрын
@@danielseelye6005 Which is the reason that it was struck down in 1969. See Leary vs. United States:: 395 U.S. 6 (1969)
@danielseelye6005Ай бұрын
@@bobweiss8682 That's right, thus the main way to keep it controlled since was making it a schedule 1 narcotic at the federal level. We'll see if they'll reschedule it before the end of the Congressional term.
@allangibson8494Ай бұрын
@@danielseelye6005The Republicans in congress simply won’t.
@garypascucci5797Ай бұрын
George Washington was the largest whiskey producer in the country at one time. He did it at Mt Vernon...
@josephagrue7391Ай бұрын
Any great at home distiller will make sure their process is according to pure standards. There are great books on home distilling. Try it you will like it.
@peteranderson037Ай бұрын
So making something in your own home for your own enjoyment doesn't constitute interstate commerce. I wonder what other things this may apply to.
@BlackJesus8463Ай бұрын
Income tax! making money in your own home doesnt constitute interstate commerce and is therefore untaxable.
@connorhormanАй бұрын
Income Tax is explicitly granted to Congress.
@lukeschuckenbrock5370Ай бұрын
Texas built suppressors only being used in Texas. Big battle there
@russg9371Ай бұрын
So does this mean that I can take my stills out of the forest now?
@paulf3Ай бұрын
Steve getting called out by IJ at the end of their last video is fantastic
@algordon407026 күн бұрын
Please keep us apprised of any challenges or developments on this. It is very interesting to me.
@tonycamp4514Ай бұрын
Between revenue and safety, which do you think the government is more concerned about?
@BlackJesus8463Ай бұрын
When you're the police state theres revenue in safety! loljk Lets ask Russia!
@Br3ttMАй бұрын
They sure don't care about spending the money the government does get carefully, and often safety is just an excuse to grant themselves power. A lot of it is just job security for the agencies, who have been allowed to create their own work.
@peterlively8269Ай бұрын
I am not a constitutional scholar, but it seems to me the taxing power of Congress is limited to goods that are bought/sold in one form or another. The whole reason they had to pass the income tax amendment was because Congress was limited in what it could tax. Of course, it won't take CONgress long to ban distilling outright, instead of taxing it into oblivion.
@BlackJesus8463Ай бұрын
Most laws are bad laws.
@user-hh3cz1km6hАй бұрын
LOL, I was taught to operate a still before kindergarten, age 5. Uncle Dimy was a stickler for do it right! He and dad made barrels from white oak cut from the woods. Dad made steel bands for the barrels, cut and shaped the slats, and Uncle Dimy put them together and charred the wood. We would go to abandoned farms to clean up fallen fruit, and sprouted grain. Sour mash is green corn cut off the cob, mashed in a barrel, and fermented. But, I'm no drinker, but, I made a lot of money as a teen making wine and brandy and bought all my own school clothes and when 16, a car.
@marlberg2963Ай бұрын
Good! About time we had a viable case to go up against the current Commerce Clause. Wickard has looong been a thorn in the side of liberty
@mvcharisma2968Ай бұрын
‘Exceeded Congress’ taxing power’ is something I’ve never heard or seen from Congress 😂
@natehill8069Ай бұрын
Actually they should just outlaw consumption of ANYTHING at home so that everyone has to go out and pay taxes to eat every meal.
@terry_willisАй бұрын
Shhhhh. Don't give 'em any new ideas.
@richardtibbetts574Ай бұрын
Don’t give ‘em any ideas! 😂😂
@IAmTheRealBillАй бұрын
@@richardtibbetts574 they have already had these ideas. They are currently working up their basis for regulating and taxing growing a garden at home.
@earlwheelock7844Ай бұрын
If this is upheld at the S.C.O.T.U.S. also with tobbaco , THAT would mean possibly the end of ATFE , as they would have no laws that are constitutional to enforce!!
@charlessmoak25 күн бұрын
Thank you God ! One step of freedom.
@unbreakable7633Ай бұрын
So, turns out the Whiskey Rebellion was right?
@benroberts2222Ай бұрын
I don't think the original excise tax on whiskey banned home distilling, it just made everyone subject to the tax no matter how small your operation was, and it was a proportionately larger burden on smaller distilleries
@unbreakable7633Ай бұрын
@@benroberts2222 I know, it's a joke. The rebellion was a tax rebellion. I've read Slaughter's book, The Whiskey Rebellion.
@benroberts2222Ай бұрын
@@unbreakable7633 ok gotcha. It is funny that this has been a recurring issue throughout the nation's history
@unbreakable7633Ай бұрын
@@benroberts2222 We have a strain of puritanism in our culture that just keeps lingering. But that's mixed with the government's endless thirst for revenue. "The object of all despotism is revenue." -- Thomas Paine
@choccoloccoАй бұрын
Definitely about revenue, a little about “taxes”, but more about protecting the profits of the big distillers. Similarly, Alabama kept dry counties for a long time, the root being those at the top were making lots of money with moonshining, and they didn’t want the loss of revenue and/or competition.
@Br3ttMАй бұрын
Every "regulation" is a burden on a company that does not scale with size, so big corporations take a small burden in compliance, while small businesses need to spend a large portion of their income on lawyers, accountants, and paperwork. If a big business is fined for a violation, they can afford it, while a small business often can't.
@rhoads312026 күн бұрын
It should be reconsidered, are they banning bread makers too, they basically buy the same ingredients, but who’s gonna arrest someone having a bake sale? 😎
@gilesporter2997Ай бұрын
As a Californian and homebrewer, I love this Texas judge's decision. These 2 states are going to continue to shape national/federal policy.