Note 941 — ARTICLE I (continued 4)

Duckworth v. Arkansas, 314 U.S. 390 (1941); followed in Carter v. Virginia, 321 U.S. 131 (1944). Justice Jackson would have preferred to rest the decision on the Twenty-first Amendment instead of "what I regard as an unwise extension of State power over interstate commerce," 314 U.S. at 397; and appears to have converted Justice Frankfurter. See latter's opinion in 321 U.S. at 139-143.