Isabella Carter
The Twenty-first Amendment to the United States Constitution is the only constitutional amendment to have repealed another constitutional amendment. Proposed by the 72nd Congress on February 20, 1933, and ratified by the states on December 5, 1933, the Twenty-first Amendment repealed the Eighteenth Amendment, which had established nationwide prohibition on alcohol. The Eighteenth Amendment was the product of decades of efforts by the temperance movement, which argued that banning alcohol would address societal issues such as poverty and immoral sexual behaviour. However, the amendment proved to be largely ineffective, 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 The Twenty-first Amendment not only repealed the broad prohibition on alcohol but also gave states the authority to define their own alcohol laws.
| Characteristics | Values |
|---|---|
| Name of Amendment | Twenty-first Amendment (Amendment XXI) |
| Date Proposed | February 20, 1933 |
| Date Ratified | December 5, 1933 |
| Amendment that was repealed | Eighteenth Amendment (Amendment XVIII) |
| Subject of repealed amendment | Prohibition of alcohol |
| Date of repealed amendment | Ratified on January 16, 1919 |
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What You'll Learn
The Eighteenth Amendment
In 1932, the Democratic presidential candidate Franklin D. Roosevelt included a plan for repealing the Eighteenth Amendment in his platform, and his victory in November led to the end of Prohibition. In February 1933, Congress adopted a resolution proposing the Twenty-first Amendment, which repealed the Eighteenth Amendment and modified the Volstead Act to permit the sale of beer. The Twenty-first Amendment was ratified on December 5, 1933, making it the only amendment in American history to repeal another amendment.
The Twenty-first Amendment not only repealed the broad prohibition on alcohol but also added language to the Constitution, stating that individual states had the power to define alcohol laws within their borders. Several states continued to be "dry states" in the years after the repeal of the Eighteenth Amendment, and some still closely regulate the distribution of alcohol today.
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Prohibition
The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol, was ratified on January 16, 1919, after years of advocacy by the temperance movement. The prohibition banned the production, transport, and sale of intoxicating liquors, although it did not make the consumption of alcohol illegal.
The Eighteenth Amendment was largely unsuccessful, as it was unable to prevent the mass distribution of alcoholic beverages, and it inadvertently caused a massive increase in organised crime. As a result, public sentiment turned against Prohibition by the late 1920s, and the Great Depression only hastened its demise. The failure of the amendment also gave rise to a profitable black market for alcohol, fuelling the rise of organised crime.
Franklin D. Roosevelt, the 1932 Democratic presidential nominee, called for the repeal of Prohibition, and his victory in November 1932 led to the end of Prohibition. In February 1933, Congress adopted a resolution proposing the Twenty-first Amendment, which repealed the Eighteenth Amendment and modified the Volstead Act to permit the sale of beer. 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.
The Twenty-first Amendment is unique in two ways: it is the only amendment that has specifically repealed another amendment, and it is the only amendment that has used the auxiliary method of ratification via state conventions rather than the legislatures of the states. The amendment officially repealed federal prohibition and added language to the Constitution that states had the ability to define alcohol laws within their borders. Several states continued to be "'dry states" in the years after the repealing of the Eighteenth Amendment, and some continue to closely regulate the distribution of alcohol today.
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The Twenty-first Amendment
The Eighteenth Amendment, also known as Prohibition, had made it illegal to manufacture, sell, or transport alcoholic beverages in the United States. However, many Americans continued to drink despite the amendment, and this gave rise to a profitable black market for alcohol, fueling the rise of organized crime. By the 1930s, public sentiment toward prohibition had flipped from positive to negative, and a political movement grew for its repeal.
In the decades since the Twenty-first Amendment, several Supreme Court decisions have been argued and ruled over, specifically regarding Section 2. Certain states have argued in favor of their implied authority to regulate the transportation of certain types of alcoholic beverages under the Commerce Clause and the Dormant Commerce Clause.
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Ratification
The Twenty-first Amendment to the United States Constitution, which repealed the Eighteenth Amendment, is unique in two ways. Firstly, it is the only amendment that has specifically repealed another amendment. Secondly, it is the only amendment that has used the auxiliary method of ratification via state conventions rather than the legislatures of the states.
The Eighteenth Amendment to the United States Constitution established the prohibition of alcohol in the United States. It was proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919. The Eighteenth Amendment was the product of decades of efforts by the temperance movement, which held that a ban on the sale of alcohol would eliminate poverty and other societal problems. The Eighteenth Amendment declared the production, transport and sale of intoxicating liquors illegal, although it did not outlaw the consumption of alcohol.
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. The amendment was officially added to the U.S. Constitution when Utah became the 36th state to approve the amendment, with its state convention unanimously ratifying the amendment. The amendment was subsequently ratified by conventions in other states.
The Twenty-first Amendment repealed the Eighteenth Amendment and modified the Volstead Act to permit the sale of beer. The resolution required state conventions, rather than the state legislatures, to approve the amendment, effectively reducing the process to a one-state, one-vote referendum rather than a popular vote. The Twenty-first Amendment also added language to the Constitution that states had the ability to define alcohol laws within their borders.
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Alcohol laws
The 21st Amendment to the US Constitution, which repealed the 18th Amendment, is the only amendment that has ever repealed another amendment. The 18th Amendment had established the prohibition of alcoholic beverages, while the 21st Amendment repealed that prohibition, allowing for the regulated sale and consumption of alcohol.
The history of alcohol laws in the United States has been dynamic, with periods of strict prohibition and more relaxed regulation. The 18th Amendment, which established the prohibition of alcoholic beverages, was ratified in 1919 and went into effect in 1920, influenced by a growing temperance movement concerned about the negative impacts of alcohol.
Prohibition proved challenging to enforce, leading to illegal alcohol production and distribution and empowering organized crime syndicates. Public sentiment turned against it, setting the stage for repeal.
The 21st Amendment, ratified in 1933, ended nationwide alcohol prohibition, returning the regulation to the states. This amendment was a unique response to the challenges posed by the 18th Amendment, reflecting the changing social and political attitudes toward alcohol.
In the following decades, alcohol laws varied across states, with some maintaining strict controls and others adopting more permissive approaches. Common regulations include minimum age requirements, laws against driving under the influence, and restrictions on sale days and hours.
While the 21st Amendment ended nationwide prohibition, alcohol remains regulated by federal and state governments. Licensing requirements, excise taxes, and import/export restrictions are among the tools used to balance the industry's economic impact with public health and safety.
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Frequently asked questions
The Twenty-first Amendment (Amendment XXI) to the United States Constitution is the only amendment to repeal another constitutional amendment.
The Twenty-first Amendment 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.
The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and was ratified on December 5, 1933.
