s in Illinois; but licensed only as a contract
carrier under the Federal Motor Carriers Act. After acknowledging that
"the Twenty-first Amendment sanctions the right of a State to legislate
concerning intoxicating liquors brought from without, unfettered by the
Commerce Clause,"[8] the Court then proceeded to found its ruling
largely upon decisions antedating the amendment which sustained similar
State regulations as a legitimate exercise of the police power not
unduly burdening interstate commerce. In the light of the cases
enumerated in the preceding paragraph, wherein the Twenty-first
Amendment was construed as according a plenary power to the States, such
extended emphasis on the police power and the commerce clause would seem
to have been unnecessary. Thereafter, a total eclipse of the
Twenty-first Amendment was recorded in Duckworth _v._ Arkansas[9] and
Carter _v._ Virginia[10] wherein, without even considering that
amendment, a majority of the Court upheld, as not contravening the
commerce clause, statutes regulating the transport through the State of
liquor cargoes originating and ending outside the regulating State's
boundaries.[11]

REGULATION OF IMPORTS DESTINED FOR A FEDERAL AREA

Intoxicating beverages brought into a State for ultimate delivery at a
National Park located therein but over which the United States retained
exclusive jurisdiction has been construed as not constituting
"transportation * * * into [a] State for delivery and use therein"
within the meaning of section 2 of this amendment. The importation
having had as its objective delivery and use in a federal area over
which the State retained no jurisdiction, the increased powers which the
latter acquired from the Twenty-first Amendment were declared to be
inapplicable. California therefore could not extend the importation
license and other regulatory requirements of its Alcoholic Beverage
Control Act to a retail liquor dealer doing business in the Park.[12]

Effect on Federal Regulation

The Twenty-first Amendment of itself did not, it was held, bar a
prosecution under the federal Sherman Antitrust Law of producers,
wholesalers, and retailers charged with conspiring to fix and maintain
retail prices of alcoholic beverages in Colorado.[13] In a concurring
opinion, supported by Justice Roberts, Justice Frankfurter took the
position that if the State of Colorado had in fact "* * * authorized the
transactions here complained of, the Sherman