Such regulation is not a forbidden invasion of state power merely because either its motive or its consequence is to restrict the use of articles of commerce within the states of destination, and is not prohibited unless
by other Constitutional provisions.
Not exact matches
The
other constitutional provisions cited are either similar in substance, requiring only that no person be removed from his or her «natural judge» established
by law, or are irrelevant to Appellant's argument.
[Footnote 2/1] For, as stated
by the Court, that Amendment did not supersede all
other constitutional provisions «in the area of liquor regulations.»
That process is guided
by many of the same considerations relevant to analysis of
other constitutional provisions that set forth broad principles rather than specific requirements.
Any problems raised
by excessive discrimination can be addressed through conflict preemption or
other constitutional provisions, such as the Privileges and Immunities Clause.
But I know I have seen a few interesting and thoughtful post-Graham rulings concerning limits on adult sentences imposed
by the Eighth Amendment (and / or similar state
constitutional provisions) from state supreme courts in Ohio and South Dakota and
others states.