
Living in the U.S. for a long time can make you think this country is quite strange.
This time, it's about alcohol. The question of whether it's legal to distill whiskey at home has even reached the U.S. Supreme Court.
In the U.S., it is legal for individuals to brew beer or make wine at home under certain conditions. You often see this in American dramas where people enjoy brewing their own beer.
However, making distilled spirits like whiskey or vodka at home is a completely different issue.
Even if you have no intention of selling it and are just making it for personal consumption, it could still violate federal law.
The related criminal penalties include up to 5 years in prison and a $10,000 fine, and the roots of this law go back to 1868.
This was just three years after the Civil War had ended.
At that time, the federal government was burdened with massive financial obligations after the war, and the excise tax on alcohol was an important source of revenue.
The problem was that distillers were hiding their production amounts or illegally making alcohol to evade taxes.
So the government's solution was to prohibit home distillation altogether.
Now, 158 years later, that regulation is still in effect.
What's interesting about this lawsuit is that the greater issue is whether the federal government's constitutional authority outweighs the freedom to make alcohol.
The plaintiffs argue that just because the government has the authority to collect taxes, it cannot prohibit all activities that take place in a person's home.
On the other hand, the federal government argues that without restrictions on distillation locations, it would be difficult to verify alcohol production amounts and prevent tax evasion.
Even more interesting is that federal appellate courts have reached conflicting judgments on this matter.

The Sixth Circuit Court of Appeals upheld the prohibition in a case brought by an operator of a brewery in Ohio.
In contrast, the Fifth Circuit Court of Appeals ruled in a case brought by hobby distillers in Texas that the authority of Congress to tax cannot justify a ban on home distillation.
Both appellate courts reached opposite conclusions regarding the same federal law.
Ultimately, the Supreme Court decided to hear this issue.
Here, we have a question to consider. In 1868, prohibiting home distillation may have been a practical way to prevent tax evasion. However, today we manage production records electronically, file taxes online, and can supervise alcohol production in various ways.
Should we maintain regulations from 158 years ago in today's context?
Of course, the risks of fire or explosion during the distillation process cannot be ignored. However, safety issues and tax issues can be examined separately.
The core of this case is whether Congress can constitutionally prohibit home distillation based on its taxing authority.
This issue is not unfamiliar in LA either. California is a place where new regulations are continually piled on top of old ones.
It's important to question whether laws that were created for seemingly good reasons still need to exist decades later.
That doesn't mean we should automatically abolish old laws.
Some laws have remained necessary over time, while others have faded in relevance as times have changed.
This case is not just about whether you can make a bottle of whiskey at home.
It raises the age-old question of how far the government's taxing authority extends and where individual freedom begins.
George Washington, one of the founding figures of the United States, was also a whiskey distiller. What would he think if he saw today's America?


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