Comment Re:Unconstitutional (Score 1) 1367
Previously, the 18th amendment banned it, so the only way to lift the ban was to repeal that amendment... with another amendment. Both texts are still in the constitution.
http://en.wikipedia.org/wiki/Eighteenth_Amendment_to_the_United_States_Constitution
http://en.wikipedia.org/wiki/Twenty-first_Amendment_to_the_United_States_Constitution
Having not read either of these wiki articles, I'm not sure why the constitutional amendment process was used to ban it in the first place instead of just a regular act of congress. Probably because at the time the interstate commerce clause http://en.wikipedia.org/wiki/Interstate_commerce was not as powerful as it is today (it gained its power in supreme court in the fight over FDR's new deal I believe which is after the prohibition era)