Eleanor Finch
The 21st Amendment to the U.S. Constitution, ratified in 1933, repealed the 18th Amendment's nationwide prohibition on alcohol, ending a period known as Prohibition. It is unique for being the only amendment to repeal a previous amendment and the only one ratified by state conventions rather than state legislatures. The 21st Amendment's aim was to allow states to regulate liquor by controlling its transportation, importation, and use.
| Characteristics | Values |
|---|---|
| Date proposed by Congress | February 20, 1933 |
| Date ratified | December 5, 1933 |
| Date became effective | December 5, 1933 |
| Unique characteristics | Only amendment to repeal a prior amendment and the only amendment ratified by state ratifying conventions |
| Aim | Repeal the Eighteenth Amendment and end prohibition |
| Section 1 | Repeal of the Eighteenth Amendment |
| Section 2 | Prohibition of transportation or importation of intoxicating liquors in violation of state laws |
| Section 3 | Article shall be inoperative unless ratified as an amendment to the Constitution by conventions in the several States within seven years |
| Litigation | Impacted interpretation of the Equal Protection Clause of the Fourteenth Amendment and the Freedom of Speech Clause of the First Amendment |
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What You'll Learn
Repealed the 18th Amendment, which prohibited alcohol
The 21st Amendment to the US Constitution repealed the 18th Amendment, which had prohibited alcohol. The 18th Amendment, ratified in 1919, was the result of a strong temperance movement in US politics at the time. However, Prohibition proved to be highly unpopular, with many Americans continuing to drink, fuelling the rise of organised crime and creating a profitable black market for alcohol.
The 21st Amendment was proposed by the 72nd Congress on February 20, 1933, and ratified by state ratifying conventions on December 5, 1933. It is unique among the 27 amendments to the US Constitution for being the only amendment to repeal a prior amendment and for being ratified by state conventions rather than state legislatures.
The text of the 21st Amendment states that the 18th article of amendment to the Constitution of the United States is "hereby repealed". It also includes a provision prohibiting the transportation or importation of intoxicating liquors into any state, territory, or possession of the United States for delivery or use in violation of the laws thereof.
The repeal of Prohibition was a significant moment in US history, marking the end of a "noble experiment" that many Americans felt had negative consequences that outweighed any benefits. The 21st Amendment also had an impact on the interpretation of other provisions of the Constitution, such as the Equal Protection Clause of the Fourteenth Amendment and the Freedom of Speech Clause of the First Amendment.
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Ended national prohibition
The Twenty-first Amendment to the United States Constitution, which was proposed by the 72nd Congress on February 20, 1933, and ratified on December 5, 1933, repealed the Eighteenth Amendment, which had mandated a nationwide prohibition on alcohol. The Eighteenth Amendment, ratified on January 16, 1919, was the culmination of years of advocacy by the temperance movement. However, Prohibition proved to be highly unpopular, with many Americans continuing to drink, leading to the emergence of a profitable black market for alcohol and fueling the rise of organised crime.
The Twenty-first Amendment is unique among the amendments to the U.S. Constitution in two ways. Firstly, it is the only amendment that has specifically repealed another amendment. Secondly, it is the only amendment that has been ratified by state ratifying conventions rather than the legislatures of the states. This unusual ratification method was chosen because, although prohibition of alcohol had lost a great deal of popular support by the early 1930s, the political power of the temperance lobby remained strong in many states.
The Twenty-first Amendment ended national prohibition by allowing states to regulate the transportation and importation of alcohol, as long as they did not violate the Commerce Clause of the Constitution. This aim was reiterated by the Supreme Court in Granholm v. Heald (2005), which held that the Twenty-first Amendment does not overrule the Dormant Commerce Clause with respect to alcohol sales, and therefore states must treat in-state and out-of-state wineries equally.
The impact of the Twenty-first Amendment on the interpretation of other constitutional provisions has been the subject of litigation. For example, in Craig v. Boren (1976), the Supreme Court considered the impact of the amendment on the Equal Protection Clause of the Fourteenth Amendment. The Court held that the Twenty-first Amendment did not affect the Equal Protection Clause, but it acknowledged that its relevance to other constitutional provisions was "increasingly doubtful".
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Allowed states to regulate alcohol transportation and importation
The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment, which had prohibited the manufacture, sale, and transportation of alcohol. The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and ratified by state conventions on December 5, 1933. It is unique in being the only amendment to repeal a prior amendment and the only amendment ratified by state conventions.
The Eighteenth Amendment had been the result of a strong temperance movement in the early 20th century, but it soon became highly unpopular. The Twenty-first Amendment was passed to rescind prohibition, and it allowed states to regulate the transportation and importation of alcohol. This regulation was permitted as long as states did not violate the Commerce Clause of the Constitution, which requires states to treat in-state and out-of-state wineries equally.
The Supreme Court has acknowledged that while the Twenty-first Amendment limits the effect of the Dormant Commerce Clause on a state's regulatory power over the delivery or use of intoxicating beverages, it does not allow states to ignore their constitutional obligations. The Court has also distinguished two characteristics of state laws permitted by the Amendment: firstly, the importation of intoxicants, and secondly, the regulatory area where a state's authority is clear.
The Twenty-first Amendment's primary purpose was to allow states to maintain a uniform system for controlling liquor by regulating its transportation, importation, and use. This regulation of alcohol by states was a significant shift in policy, as the Eighteenth Amendment had prohibited the transportation or importation of intoxicating liquors into any state, territory, or possession of the United States for delivery or use.
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Did not affect the Supremacy Clause
The 21st Amendment to the U.S. Constitution, which repealed the 18th Amendment and ended Prohibition, did not affect the Supremacy Clause. The Supremacy Clause, which is part of Article VI of the Constitution, establishes the U.S. Constitution as the supreme law of the land and asserts that all state judges are bound by it and any laws made under it.
The 21st Amendment is unique in that it is the only amendment to have repealed a previous amendment. It was proposed by the 72nd Congress on February 20, 1933, and ratified by state ratifying conventions on December 5, 1933, ending national Prohibition. The 18th Amendment had been ratified in 1919 after years of advocacy by the temperance movement, and it ushered in a period known as Prohibition, during which the manufacture, distribution, and sale of alcoholic beverages was illegal.
The 21st Amendment's primary purpose was to end Prohibition, and it did so by repealing the 18th Amendment and allowing states to regulate the transportation and importation of alcohol as long as they did not violate the Commerce Clause of the Constitution. The Commerce Clause gives Congress the power to regulate commerce between states and with foreign nations. The 21st Amendment did not affect this clause, and states were still required to treat in-state and out-of-state wineries equally under the Dormant Commerce Clause with respect to alcohol sales.
While the 21st Amendment did not affect the Supremacy Clause, it did have an impact on other provisions of the Constitution, such as the Equal Protection Clause of the Fourteenth Amendment and the Freedom of Speech Clause of the First Amendment. However, the Supreme Court has acknowledged that "the relevance of the Twenty-first Amendment to other constitutional provisions becomes increasingly doubtful".
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Did not overrule the Dormant Commerce Clause
The 21st Amendment to the U.S. Constitution, which repealed Prohibition, also gave states the right to enact laws regulating the import and distribution of liquor within their borders. This was ratified in December 1933.
The Commerce Clause, on the other hand, prohibits discrimination against out-of-state businesses. This has led to a constitutional dilemma that courts have been trying to resolve since the Amendment took effect: how can the 21st Amendment permit states to treat in-state liquor companies differently from those outside their borders?
In Granholm v. Heald (2005), the Supreme Court held that the 21st Amendment does not overrule the Dormant Commerce Clause with respect to alcohol sales. In other words, the Amendment does not license states to ignore their obligations under other provisions of the Constitution. The Court's ruling stated that the 21st Amendment permits states to regulate alcohol distribution as long as they treat in-state and out-of-state wineries equally.
The Fifth Circuit Court of Appeals in Cooper v. Texas Alcoholic Beverage Commission (2016) also addressed the interplay between the Dormant Commerce Clause and the 21st Amendment. The court's decision found that a residency requirement imposed by the Texas Alcoholic Beverage Code was a protectionist measure and therefore unconstitutional under the Dormant Commerce Clause.
The 21st Amendment permits states to impose physical-residency requirements that may favour in-state businesses. However, it may not impose durational-residency requirements on the owners of alcoholic beverage retailers and wholesalers. This distinction between physical and durational residency requirements adds complexity to the analysis of the Commerce Clause and the 21st Amendment.
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Frequently asked questions
The 21st Amendment to the United States Constitution.
It repealed the 18th Amendment, which had prohibited the manufacture, distribution, and sale of alcoholic beverages.
It was proposed by Congress on February 20, 1933, and ratified on December 5, 1933.
The 18th Amendment, also known as Prohibition, was highly unpopular and led to a profitable black market for alcohol, fueling the rise of organized crime.
It is the only amendment to repeal a prior amendment and the only amendment ratified by state ratifying conventions.
