KIDD v. PEARSON
A state law made the manufacture of liquor in the state illegal, even when the liquor was for sale and consumption out-of-state.
Was the state law in conflict with the power of Congress to regulate interstate commerce?
There is no conflict and the state law is valid. The Court erected a distinction between manufacture and commerce. The state law regulated manufacturing only. The justices feared that a broad view of commerce that would embrace manufacturing would also embrace the power to regulate "every branch of human industry." The distinction proved untenable but it took nearly a half-century to erase its pernicious consequences.