Potter Stewart

“ But giving Customs officials the power to prevent evasion of customs duties does not immunize liquor dealers from state regulation. Nor does state regulation interfere with federal officials' performance of their duties. Whether Idlewild stays in business is no legitimate concern of the Customs officials; their concern is that, if Idlewild does do a liquor business, tax-free liquor not be diverted within the country and customs duties not thereby be evaded. Nothing in the New York licensing scheme interferes with the federal officials' performance of their duty. ”

“ The airport where the sales take place is not a federal enclave where even as to liquor federal law can constitutionally control, [13] but is New York territory subject to New York, not federal, jurisdiction. The Court nevertheless strikes down New York's law barring Idlewild from selling intoxicating liquors in New York. The ground for invalidating the law is that it conflicts with the Commerce Clause and with Treasury regulations promulgated under 19 U.S.C. § 1311 under which Idlewild's sales and deliveries to foreign-bound planes are for customs purposes supervised by Customs officials. ”

“ The Amendment promises that each State shall decide what is best for itself in regulating liquor traffic within its boundaries, and the Amendment no more empowers Customs officials to make that decision for a State than it empowers Congress to make it. ”

“ Senator Wagner of New York, who could not have k own that his State would because of today's opinion be the first to be denied control of liquor traffic within the State, opposed Section 3 because it would defeat the proposed Amendment's purpose 'to restore to the States control of their liquor problem.' Id., at 4145. Senator Wagner argued that giving the Federal Government even 'apparently limited power' would allow that power to be 'extended to boundaries now undreamed of and unsuspected' by those supporting the proposed Amendment. ”

“ Its place of business is leased from the Port of New York Authority for use solely as 'an office in connection with the sale * * * of in-bond wines and liquors.' Idlewild accepts orders only from travelers whose tickets and boarding cards indicate their imminent departure. A customer gets nothing but a receipt at the time he gives his order and makes payment. The liquor which he orders is transferred directly to the departing aircraft on documents approved by United States Customs, and is not delivered to the customer until he arrives at his foreign destination. ”

“ We may assume that if in Collins California had sought to regulate or control the transportation of the liquor there involved from the time of its entry into the State until its delivery at the national park, in the interest of preventing unlawful diversion into her territory, California would have been constitutionally permitted to do so. ”