Simone Lawson
The Constitution of the United States is the supreme law of the land, superseding the Articles of Confederation in 1789. It consists of seven articles that define the framework of the federal government, with amendments made over time. The Twenty-first Amendment, which repealed the Eighteenth Amendment, is unique in that it is the only amendment to repeal a prior amendment. The Eighteenth Amendment had mandated a nationwide prohibition on alcohol, but the Twenty-first Amendment not only ended this prohibition but also gave states the authority to define alcohol laws within their borders. The Constitution's Article V outlines the process for proposing and ratifying amendments, and while amendments typically revise the previous text, they can also be appended to the end, leaving the original text intact.
| Characteristics | Values |
|---|---|
| Amendments repealed | Eighteenth Amendment |
| Twenty-third Amendment | |
| Amendment that repealed the Eighteenth Amendment | Twenty-first Amendment |
| Amendment that repealed the Twenty-third Amendment | District of Columbia Voting Rights Amendment |
| Amendments that were repealed but not part of the Constitution | Fixed-term Parliaments Act 2011 |
| Early Parliamentary General Election Act 2019 |
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What You'll Learn
The 21st Amendment repealed the 18th Amendment
The 21st Amendment to the U.S. Constitution, also known as the "Repeal of Prohibition", was ratified on December 5, 1933, officially ending national prohibition and repealing the 18th Amendment. The 18th Amendment had established a nationwide ban on the manufacture, sale, and transportation of alcohol, and it was ratified by the states on January 16, 1919, coming into effect on January 17, 1920.
The movement for the prohibition of alcohol began in the early 19th century, with Americans concerned about the adverse effects of drinking forming temperance societies. By the late 19th century, these groups had become a powerful political force, campaigning on a state level and calling for national liquor abstinence. Several states outlawed the manufacture or sale of alcohol within their borders. However, the enforcement of Prohibition proved difficult, and illegal alcohol production increased to meet demand. The illegal alcohol industry also became tied to organised crime, with criminal organisations bribing businesses, political leaders, and police departments with alcohol, hindering law enforcement.
The 21st Amendment not only repealed the broad prohibition on alcohol but also gave states the authority to define alcohol laws within their borders. This meant that some states continued Prohibition by maintaining statewide temperance laws. Mississippi, the last dry state in the Union, ended Prohibition in 1966. The 21st Amendment is unique in that it is the only amendment to have specifically repealed another amendment.
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The 21st Amendment ended national prohibition
The Eighteenth Amendment to the United States Constitution, which enforced a nationwide prohibition on alcohol, was ratified on January 16, 1919. This was the result of years of advocacy by the temperance movement, and the subsequent enactment of the Volstead Act, which established federal enforcement of the ban. However, Prohibition was not a successful endeavour, as many Americans continued to drink, fuelling a profitable black market for alcohol and the rise of organised crime. This led to a political movement for the repeal of the Eighteenth Amendment, which was complicated by grassroots politics and the influence of the temperance lobby.
The Twenty-first Amendment, which repealed the Eighteenth Amendment, was proposed by the 72nd Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933. Utah became the 36th state to approve the amendment, with North Carolina and South Carolina rejecting it. The Twenty-first Amendment is unique among the 27 amendments of the U.S. Constitution, as it is the only one to repeal a prior amendment and the only amendment ratified by state ratifying conventions.
The Twenty-first Amendment not only repealed the broad prohibition on alcohol but also added language to the Constitution that gave states the ability to define alcohol laws within their borders. This amendment addressed the widespread flouting of Prohibition laws, which was undermining respect for the law and encouraging contempt for rightful authority. However, it did not restore the status quo ante, as its second section has been interpreted as giving broad authority over the regulation of alcoholic beverages to the states, limiting the power of the national government to intrude upon state alcohol control policies.
The impact of the Twenty-first Amendment can still be seen today, with several states continuing to closely regulate the distribution of alcohol. Many states have delegated their power over alcohol to counties and municipalities, and there are numerous "dry communities" throughout the United States. The amendment's second section has also occasionally arisen as an issue in Supreme Court cases related to the Commerce Clause.
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The 21st Amendment gave states control over alcohol laws
The Eighteenth Amendment to the United States Constitution, which enforced a nationwide ban on alcohol, was repealed by the Twenty-first Amendment. The Twenty-first Amendment was proposed by the 72nd Congress on 20 February 1933 and was ratified by the requisite number of states on 5 December 1933. It is the only amendment to have been ratified by state ratifying conventions.
The Eighteenth Amendment was ratified on 16 January 1919 after years of advocacy by the temperance movement. The subsequent enactment of the Volstead Act established federal enforcement of the nationwide prohibition on alcohol. However, many Americans continued to drink despite the amendment, leading to the rise of a profitable black market for alcohol and fueling the growth of organised crime.
As more and more Americans opposed the Eighteenth Amendment, a political movement for its repeal grew. The Twenty-first Amendment repealed the Eighteenth Amendment and gave states the ability to define alcohol laws within their borders. It is worth noting that the Twenty-first Amendment did not restore the status quo ante. While its first section alone would have achieved that, its second section has been interpreted as giving states broad authority over the regulation of alcoholic beverages.
The availability of alcoholic beverages, their prices, and the conditions under which they can be obtained are now determined by the states. States can delegate authority to counties and localities, and several states continue to closely regulate the distribution of alcohol. This authority granted by the Twenty-first Amendment has enabled states to legislate with exceptionally broad constitutional powers.
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The 12th Amendment modified Article Two
The Twelfth Amendment (Amendment XII) to the United States Constitution modifies Article Two, Section 1, Clause 3, which outlines the procedure for electing the president and vice president. It was proposed by Congress on December 9, 1803, and ratified by three-quarters of state legislatures on June 15, 1804. The amendment came into effect for the 1804 presidential election and has governed all subsequent presidential elections.
Initially, under the Constitution, each member of the Electoral College cast two electoral votes, with no distinction between votes for president or vice president. The Twelfth Amendment stipulates that electors must cast distinct votes for president and vice president, with at least one of the two being someone who resides in a state other than the elector's own. This rule has influenced presidential candidates' choices of running mates, as they refrain from selecting someone from their own state to avoid losing votes from electors in their shared home state.
The original procedure under Article II, Section 1, Clause 3, stated that the presidential candidate receiving the most votes, provided it was a majority of electors, would be elected president, while the candidate with the second-highest number of votes would become vice president. The Twelfth Amendment introduced a new process, specifying that the person with the greatest number of votes as vice president would be elected to that position, provided they received a majority of the whole number of electors appointed. If no candidate received a majority, the Senate would choose the vice president from the two candidates with the highest number of votes.
The Twelfth Amendment also addresses situations where the House of Representatives fails to elect a president by the required deadline. In such cases, the vice president acts as president until a decision is made, similar to what happens in the case of the president's death or other constitutional disability. This amendment has been invoked in various ways by political parties over the years, demonstrating its enduring influence on the American political landscape.
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The District of Columbia Voting Rights Amendment failed to be adopted
The District of Columbia Voting Rights Amendment, proposed in 1978, failed to be adopted as it did not receive ratification from the required number of states. The legislatures of at least 38 of the 50 states needed to ratify the amendment by August 22, 1985, for it to become part of the Constitution. However, only 16 states ratified it within the seven-year timeframe.
The amendment aimed to grant the District of Columbia full representation in the United States Congress, the Electoral College system, and the process by which the Constitution is amended. It would have also repealed the Twenty-third Amendment, which granted the district the same number of electoral votes as the least populous state but did not allow a role in contingent elections.
The District of Columbia's unique status as the seat of the federal government, established under the District Clause, meant that its residents were historically unable to vote in federal elections. The Twenty-third Amendment, ratified in 1961, addressed this issue by granting District residents the right to vote in presidential elections. However, it did not provide voting rights in Congress or the right to participate in amending the Constitution.
The proposed District of Columbia Voting Rights Amendment sought to address these remaining limitations. It generated considerable discussion and received support from notable figures, including Edward Brooke of Massachusetts and Strom Thurmond (R-SC), who was known for his previous support of racial segregation. The amendment passed with the backing of 48 Democrats and 19 Republicans, with 80% of the Democratic caucus in favour.
Despite this support, the amendment ultimately fell short of the required number of state ratifications, and as a result, it failed to be adopted into the Constitution.
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Frequently asked questions
The Eighteenth Amendment, which prohibited the manufacture, transport, and sale of intoxicating liquors, was repealed by the Twenty-first Amendment on December 5, 1933.
The Twenty-first Amendment is the only amendment to have been ratified by state ratifying conventions and is also the only amendment to repeal a prior amendment.
The Eighteenth Amendment led to a rise in crime, including gangland killings and theft. It also caused a massive increase in organized crime and the formation of an underground market for alcoholic beverages.
Public sentiment turned against the Eighteenth Amendment during the 1920s and by the 1930s, public opinion had flipped from positive to negative. The amendment also proved to be largely ineffective in preventing the mass distribution of alcoholic beverages.
The Twenty-first Amendment was proposed by Congress in February 1933 and ratified by the requisite number of states on December 5, 1933. It was ratified by state ratifying conventions rather than the more common method of state legislatures.
