Carter v. Virginia

Background

A group of drivers and a carrier were caught driving whiskey by truck from Maryland through Virginia to consignees in North Carolina and were convicted under Virginia’s Alcoholic Beverage Control Act and its transportation regulations. The rules required a $1,000 bond, a bill of lading naming the true consignor and consignee, and a statement that the vehicle would follow the most direct route through Virginia. In some cases the bond was not posted or was cancelled and the bills lacked the required route information; the intended deliveries would have violated North Carolina law.

Reasoning

The Court considered whether those Virginia requirements unlawfully burdened interstate commerce. Relying on prior decisions about regulating liquor shipments, the majority held that, in the absence of conflicting federal law, a State may impose licensing, bond, and documentation rules for shipments passing through its territory to guard against diversion and illicit traffic. The Court explained that such police measures do not necessarily invade Congress’s commerce power and affirmed the convictions. Several Justices wrote separately: one concurred that the Twenty-first Amendment supports state authority here, and another emphasized deference to state liquor regulation.

Real world impact

The ruling lets a transit State require carriers to post bonds and carry accurate route and consignee information to prevent illegal diversion of alcohol. Carriers and shippers moving liquor through a State must comply with such local transportation rules or face prosecution. The decision affirms that States can adopt precautionary regulations for through-shipments absent federal legislation.

Dissents or concurrances

Concurring opinions stressed the Twenty-first Amendment as a key source of state power over liquor and urged broad state discretion in designing protective measures against evasion.