Law could not override such
exercise of state power. * * * [Since] the Sherman Law, * * *, can have
no greater potency than the Commerce Clause itself, it must equally
yield to state power drawn from the Twenty-first Amendment."[14] All
other efforts to invoke the Twenty-first Amendment as a limitation upon
the constitutional powers of the National Government, notably to
invalidate the imposition, pursuant to the war power, of federal price
controls on retail sales of liquors, have been equally abortive.[15]

Notes

[1] 299 U.S. 59 (1936).

[2] 304 U.S. 401 (1938).

[3] 305 U.S. 391 (1939).

[4] 305 U.S. 395 (1939).

[5] 299 U.S. 59, 62 (1936).

[6] Ibid 63-64. In the three decisions rendered subsequently, the Court
merely restated these conclusions. The contention that discriminatory
regulation of imported liquors violated the due process clause was
summarily rejected in Indianapolis Brewing Co. _v._ Liquor Commission,
305 U.S. 391, 394 (1939).

[7] 308 U.S. 132 (1939).

[8] Ibid. 138.

[9] 314 U.S. 390 (1941).

[10] 321 U.S. 131 (1944). _See also_ Cartlidge _v._ Rainey, 168 F. (2d)
841 (1948); certiorari denied, 335 U.S. 885 (1948).

[11] Arkansas required a permit for the transportation of liquor across
its territory, but granted the same upon application and payment of a
nominal fee. Virginia required carriers engaged in similar
through-shipments to use the most direct route, carry a bill of lading
describing that route, and post a $1000 bond conditioned on lawful
transportation; and also stipulated that the true consignee be named in
the bill of lading and be one having the legal right to receive the
shipment at destination.

[12] Collins _v._ Yosemite Park, 304 U.S. 518, 537-538 (1938).

[13] United States _v._ Frankfort Distilleries, Inc., 324 U.S. 293,
297-299 (1945).

[14] Ibid. 301-302.

[15] Jatros _v._ Bowles, 143 F. (2d) 453, 455 (1944); Barnett _v._
Bowles, 151 F. (2d) 77, 79 (1945), certiorari denied, 326 U.S. 766
(1945); Dowling Bros. Distilling Co. _v._ United States, 153 F. (2d)
353, 357 (1946), certiorari denied, (Gould et al. _v._ United States)
328 U.S. 848 (1946); rehearing denied, 329 U.S. 820 (1946).

AMENDMENT 22

PRESIDENTIAL TENURE

Section 1. No person shall be elected to the office of the
President more than twice, and no person who has held the office of
President, or acted as President, for more than two years of a term to
which some other person was e