I mean I look at this and it seems to say that the federal government cannot legitimately do so:
AMENDMENT XXIWhere the 18th says:
Section 1.
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
AMENDMENT XVIII
Section 1.
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2.
The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
The article is poorly worded. It’s not illegal to make the stuff. It’s illegal to make it without required permits and/or not pay tax on it.
>>I mean I look at this and it seems to say that the federal government cannot legitimately do so:
It’s quaint that you still think the government has to follow rules.
As I understand it (and I could be wrong), the fed gov puts something like a $13.50 lien on every gallon of alcohol produced. So, to produce without the proper permits and tax filings and regulatory overhead is “tax evasion”.
The repeal of prohibition has nothing to do with this. Making moonshine is not illegal. It is the failure to pay the taxes on producing moonshine that is illegal. And the Constitutional authority for that is Article 1, section 8, clause 1.