Amendment Xxi: Revoking Prohibition And Empowering States

The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment, which had prohibited the manufacture, sale, and transportation of alcohol. It is the only amendment to repeal a previous amendment and the only amendment to be ratified by state ratifying conventions. The Twenty-first Amendment ended Prohibition and left the regulation of alcohol to state governments, allowing states to control the transportation, importation, and use of liquor. It also granted states greater leeway in regulating alcohol within and across their borders.

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Repealed the Eighteenth Amendment

The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment, which had mandated a nationwide prohibition on alcohol. The Eighteenth Amendment was ratified on January 16, 1919, after years of advocacy by the temperance movement, and it prohibited "the manufacture, sale, or transportation of intoxicating liquors". The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933. It is unique among the 27 amendments to the U.S. Constitution for being the only one to repeal a prior amendment.

The Twenty-first Amendment ended Prohibition and left the regulation of alcohol up to state governments. It granted states greater leeway in regulating alcohol within and across their borders. States could regulate the transportation and importation of alcohol as long as they did not violate the commerce clause of the Constitution. The Amendment did not give states the power to ignore their obligations under other provisions of the Constitution.

The repeal of the Eighteenth Amendment by the Twenty-first Amendment has been interpreted in different ways. Some see it as a success, as alcohol consumption declined during Prohibition, arrests for public drunkenness and disorderly conduct decreased, and violent crime did not increase dramatically. On the other hand, the prohibition of alcohol may be seen as a violation of people's rights, and the rise of organised crime and a profitable black market for alcohol fuelled by Prohibition have been noted.

The Twenty-first Amendment has 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. In Craig v. Boren (1976), the Supreme Court found that the Twenty-first Amendment did not affect the analysis under the Equal Protection Clause of the Fourteenth Amendment. However, the Court acknowledged that the relevance of the Twenty-first Amendment to other constitutional provisions was doubtful.

Ended prohibition

The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment, which had prohibited the manufacture, sale, and transportation of alcohol. The Eighteenth Amendment was ratified in 1919 after years of advocacy by the temperance movement, and it set the stage for modern organised crime. Despite the amendment, many Americans continued to drink, leading to a profitable black market for alcohol and fuelling the rise of organised crime.

The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and ratified by the requisite number of states on December 5, 1933. It is unique among the 27 amendments to the U.S. Constitution for being the only one to repeal a prior amendment and the only amendment ratified by state ratifying conventions.

The Twenty-first Amendment ended prohibition by leaving the regulation of alcohol to state governments. It gave states greater leeway in regulating alcohol within and across their borders. States could regulate the transportation and importation of alcohol as long as they did not violate the Commerce Clause of the Constitution.

Section 2 of the Twenty-first Amendment bans the importation of alcohol into states and territories that prohibit it. Several states continued to be "dry states" after the repeal of the Eighteenth Amendment, and some still closely regulate alcohol distribution. Many states delegate their power to ban alcohol importation to counties and municipalities, and there are numerous dry communities throughout the United States.

The Twenty-first Amendment has been the subject of several Supreme Court cases, including Craig v. Boren (1976), which held that the amendment did not affect the Equal Protection Clause of the Fourteenth Amendment. Other cases, such as South Dakota v. Dole (1987), have upheld the power of states to regulate alcohol under the amendment.

Granted states greater regulatory powers over alcohol

The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment, which had prohibited the manufacture, sale, and transportation of alcohol nationwide. The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and ratified by state ratifying conventions on December 5, 1933, leaving the regulation of alcohol to state governments.

The Twenty-first Amendment granted states greater regulatory powers over alcohol within and across their borders. This included the power to regulate the transportation and importation of alcohol, as long as they did not violate the Commerce Clause of the Constitution. The Amendment also banned the importation of alcohol into states and territories that prohibited its consumption. Several states continued to ban alcohol, and some still closely regulate its distribution. Many states delegate their power to ban importation to counties and municipalities, resulting in numerous dry communities across the United States.

The Supreme Court has clarified the Twenty-first Amendment's impact on other constitutional provisions. In Craig v. Boren (1976), the Court held that the Amendment did not affect the Equal Protection Clause of the Fourteenth Amendment. The Court also noted that the Amendment did not supersede the Supremacy Clause or the Establishment Clause. In Granholm v. Heald (2005), the Court interpreted the Amendment narrowly, stating that its aim was to allow states to control liquor by regulating its transportation, importation, and use, rather than giving states unfettered power over alcohol sales.

The Twenty-first Amendment has been the subject of other significant litigation, including the impact of its second section on the interpretation of the Freedom of Speech Clause of the First Amendment, as seen in 44 Liquormart, Inc. v. Rhode Island (1996). The Amendment has also been invoked in state statutes regulating liquor prices, with the Court upholding these statutes and affirming the states' broad regulatory power over liquor sales within their territories.

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Did not overrule the Dormant Commerce Clause

The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment, which had previously mandated a nationwide prohibition on alcohol. The Twenty-first Amendment granted states the power to regulate alcohol within and across their borders, including its transportation and importation.

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 overrule the Clause. This means that states must still treat in-state and out-of-state wineries equally. The Dormant Commerce Clause is a constitutional limitation on state power that protects individuals' ability to engage in commerce without facing unduly burdensome or protectionist state regulation.

The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power to "regulate commerce with foreign nations, among states, and with the Indian tribes." The Supreme Court has generally taken a broad interpretation of the Commerce Clause, holding that intrastate activity can be regulated under the Clause if it is part of a larger interstate commercial scheme.

In Craig v. Boren (1976), the Supreme Court found that the Twenty-first Amendment did not affect the Equal Protection Clause of the Fourteenth Amendment. The Court acknowledged that while the Twenty-first Amendment limits the effect of the Dormant Commerce Clause, it does not license states to ignore their obligations under other provisions of the Constitution.

In Granholm v. Heald (2005), the Court held that the Twenty-first Amendment does not overrule the Dormant Commerce Clause with respect to alcohol sales, reaffirming that states must treat in-state and out-of-state wineries equally. This decision criticized the Court's earliest rulings on the issue and promulgated a more limited interpretation of the Twenty-first Amendment's aim: to allow states to maintain control over liquor by regulating its transportation, importation, and use.

Affected Supreme Court cases

The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment, which had mandated a nationwide prohibition on alcohol. It is the only amendment that has specifically repealed another amendment and the only amendment ratified by state conventions rather than state legislatures.

The Twenty-first Amendment has impacted several Supreme Court cases, including:

Craig v. Boren (1976): The Supreme Court found that the Twenty-first Amendment did not affect analysis under the Equal Protection Clause of the Fourteenth Amendment. The Court acknowledged that the relevance of the Twenty-first Amendment to other constitutional provisions was doubtful and that it did not affect the Supremacy Clause or the Establishment Clause. However, the Court distinguished two characteristics of state laws permitted by the Amendment: importation of intoxicants and the regulatory area of state authority.

South Dakota v. Dole (1987): The Supreme Court upheld the withholding of federal highway funds from South Dakota because it allowed the sale of beer with a certain alcohol content to adults under 21. The Twenty-first Amendment was cited, with the Court holding that it did not constitute an "independent constitutional bar" to Congress's spending power. Justices Brennan and O'Connor dissented, citing the Twenty-first Amendment's relevance to state powers.

Granholm v. Heald (2005): The Supreme Court held that the Twenty-first Amendment does not overrule the Dormant Commerce Clause regarding alcohol sales, requiring equal treatment for in-state and out-of-state wineries. The Court criticised its earliest rulings on the issue and interpreted the Twenty-first Amendment narrowly, emphasising its aim to allow states to control liquor transportation, importation, and use.

Seagram & Sons v. Hostetter: The Court upheld a state statute regulating the price of intoxicating liquors, affirming that the Twenty-first Amendment grants states broad regulatory power over liquor sales within their territories. The Court noted that states have latitude in regulating the importation of intoxicants for use, distribution, or consumption within their borders, and there is no requirement for state laws to be exclusively motivated by promoting temperance.

44 Liquormart, Inc. v. Rhode Island (1996): This case dealt with the impact of the Twenty-first Amendment on the interpretation of the Freedom of Speech Clause of the First Amendment.

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