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	<title>Comments on: Six Veils Out of Seven: Retailer Shipments Under Granholm</title>
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	<link>http://shipcompliantblog.com/blog/2008/01/30/six-veils-out-of-seven-retailer-shipments-under-granholm/</link>
	<description>Untangling the complex world of wine direct shipping and compliance</description>
	<pubDate>Thu, 08 Jan 2009 21:21:28 +0000</pubDate>
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		<title>By: R. Corbin Houchins</title>
		<link>http://shipcompliantblog.com/blog/2008/01/30/six-veils-out-of-seven-retailer-shipments-under-granholm/#comment-37283</link>
		<dc:creator>R. Corbin Houchins</dc:creator>
		<pubDate>Tue, 12 Feb 2008 16:23:14 +0000</pubDate>
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		<description>It's always interesting to get another slant on a complex set of issues. Those of us who daily live and breathe Granholm can suffer from narrowed focus because of the profound and fascinating implications of its Commerce Clause jurisprudence.

The P&#38;I clause of the 14th Amendment is the constitutional provision that prevents one state from requiring a passport of a traveling citizen of another state. The idea of invoking it to limit the power of states to grant effective monopolies to local businesses arose shortly after it was enacted, but in 1873 the Supreme Court rejected P&#38;I as a source of right to engage in a business, limiting protected privileges to those that are inherently federal in origin. The loss is more theoretical than real, given the state-limiting power of the Commerce Clause.

Today, privileges thought to fall within the P&#38;I clause include passing freely from State to State, petitioning Congress for a redress of grievances, voting for national officers, entering public lands, being protected against violence while in the lawful custody of a United States marshal, and informing federal authorities of violation of federal law. There is a 19th century case that includes the right to engage in an interstate business, but it may be unnecessary to revive that theory in view of the robust protection provided by the Commerce Clause. The Siesta Village court explicitly nixes the local citizenship requirement on location inequality grounds, which are based on Commerce Clause requirements articulated in Granholm and in numerous cases on which Granholm relies.</description>
		<content:encoded><![CDATA[<p>It&#8217;s always interesting to get another slant on a complex set of issues. Those of us who daily live and breathe Granholm can suffer from narrowed focus because of the profound and fascinating implications of its Commerce Clause jurisprudence.</p>
<p>The P&amp;I clause of the 14th Amendment is the constitutional provision that prevents one state from requiring a passport of a traveling citizen of another state. The idea of invoking it to limit the power of states to grant effective monopolies to local businesses arose shortly after it was enacted, but in 1873 the Supreme Court rejected P&amp;I as a source of right to engage in a business, limiting protected privileges to those that are inherently federal in origin. The loss is more theoretical than real, given the state-limiting power of the Commerce Clause.</p>
<p>Today, privileges thought to fall within the P&amp;I clause include passing freely from State to State, petitioning Congress for a redress of grievances, voting for national officers, entering public lands, being protected against violence while in the lawful custody of a United States marshal, and informing federal authorities of violation of federal law. There is a 19th century case that includes the right to engage in an interstate business, but it may be unnecessary to revive that theory in view of the robust protection provided by the Commerce Clause. The Siesta Village court explicitly nixes the local citizenship requirement on location inequality grounds, which are based on Commerce Clause requirements articulated in Granholm and in numerous cases on which Granholm relies.</p>
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		<title>By: Chris</title>
		<link>http://shipcompliantblog.com/blog/2008/01/30/six-veils-out-of-seven-retailer-shipments-under-granholm/#comment-37237</link>
		<dc:creator>Chris</dc:creator>
		<pubDate>Tue, 12 Feb 2008 08:12:23 +0000</pubDate>
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		<description>Has the industry considered sending a test case of an out-of-state retailer acting as an individual (vice corporation), and making a Privileges and Immunities Clause argument?</description>
		<content:encoded><![CDATA[<p>Has the industry considered sending a test case of an out-of-state retailer acting as an individual (vice corporation), and making a Privileges and Immunities Clause argument?</p>
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