In the twenty-first century, differences in the treatment of trade in alcoholic beverages in comparison to other commercial goods seem at odds with the federal regulation of interstate trade under the Commerce Clause of the United States Constitution, which prohibits "differential treatment of in-state and out-of-state economic interests that…

This article discusses the tensions between the federal government and the states in several areas in modern commerce where consumers and business have competing interests. First the article discusses traditional approaches to express preemption and the constitutional and economic policy behind its uses by Congress. Even when Congress expressly…