Local option

Definition and stakes

Portrait of Melville Fuller Melville Fuller,  Wilkerson v. Rahrer — Opinion of the Court

“ The principle upon which local option laws, so called, have been sustained, is that, while the legislature cannot delegate its power to make a law, it can make a law which leaves it to municipalities or the people to determine some fact or state of things, upon which the action of the law may depend. But we do not rest the validity of the act of congress on this analogy. The power over interstate commerce is too vital to the integrity of the nation to be qualified by any refinement of reasoning. ”
Source: Wikisource

Arthur Shadwell,  1911 Encyclopædia Britannica, Volume 16… (1911)

“ It may be added that the method of taxing licences heavily has certain disadvantages; it stimulates that illicit trade which is the most outstanding feature of the traffic in the United States, and combined with the extreme insecurity of tenure involved in local option it gives licence-holders additional inducements to make as much money as possible by any means available, while they have the opportunity, for no compensation is ever paid for sudden dispossession. The notion that the trade will stand an indefinite amount of taxation is a dangerous and oft-proved fallacy. ”
Source: Wikisource

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