Omar Bennett
The Twenty-first Amendment to the United States Constitution, which repealed the Eighteenth Amendment, was proposed by the 72nd Congress on February 20, 1933, and ratified by state conventions on December 5, 1933. The Twenty-first Amendment is unique among the 27 amendments of the U.S. Constitution for being the only amendment to repeal a prior amendment and the only amendment ratified by state conventions. The Eighteenth Amendment had prohibited the manufacture, sale, and transportation of intoxicating liquors, marking the beginning of Prohibition. The Twenty-first Amendment returned the regulation of alcohol to the states, granting them greater leeway in managing alcohol within and across their borders.
| Characteristics | Values |
|---|---|
| Date proposed | 20 February 1933 |
| Date ratified | 5 December 1933 |
| Date added to the U.S. Constitution | 5 December 1933 |
| Amendment repealed | 18th Amendment |
| Prohibition ended | Yes |
| Regulation of alcohol | Left to individual states |
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What You'll Learn
The 21st Amendment repealed the 18th Amendment
The 21st Amendment to the US Constitution, which repealed the 18th Amendment, was proposed by the 72nd US Congress on February 20, 1933, and ratified by the requisite number of states on December 5, 1933. The 18th Amendment, which mandated a nationwide prohibition on alcohol, was ratified on January 16, 1919, after years of advocacy by the temperance movement.
The 21st Amendment is unique among the 27 amendments of the US Constitution for being the only amendment to repeal a prior amendment and the only amendment to have been ratified by state ratifying conventions. The 18th Amendment had ushered in a period known as Prohibition, during which the manufacture, distribution, and sale of alcoholic beverages were illegal. However, Prohibition proved highly unpopular, with many Americans continuing to drink, fueling the rise of organised crime and creating a profitable black market for alcohol.
As opposition to the 18th Amendment grew, a political movement for its repeal emerged. The Congress adopted the Blaine Act, which proposed the 21st Amendment, on February 20, 1933. In April 1933, President Franklin D. Roosevelt signed the Cullen-Harrison Act, which amended the prohibition-based Volstead Act to permit the manufacturing and sale of low-alcohol beer and wines. The 21st Amendment officially ended Prohibition and returned the regulation of alcohol to the individual states.
The 21st Amendment is significant not only for repealing the 18th Amendment but also for its impact on state powers. The amendment specifically addressed the transportation or importation of intoxicating liquors into any state, territory, or possession of the United States, prohibiting their delivery or use in violation of state laws. This aspect of the amendment has been the subject of various court cases, shaping the interpretation and application of the amendment in relation to other constitutional provisions, such as the Commerce Clause, the Supremacy Clause, and the Establishment Clause.
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Prohibition and the regulation of alcohol
The 21st Amendment to the US Constitution, which repealed the 18th Amendment and ended Prohibition, was passed on December 5, 1933. The 18th Amendment had mandated a nationwide prohibition on alcohol, outlawing its manufacture, sale, and transportation. However, it proved to be highly unpopular and led to the emergence of profitable black markets and organised crime.
The temperance movement, which advocated for moderation in alcohol consumption, was a significant force in US politics in the early 20th century. It gained traction with reformers who believed that drinking was a crime against decency, particularly against women and children. The movement's efforts led to the adoption of the 18th Amendment in 1919.
However, as time passed, more and more Americans opposed the 18th Amendment, and a political movement for its repeal grew. On February 20, 1933, Congress proposed the 21st Amendment, which aimed to rescind prohibition. President Franklin D. Roosevelt signed the Cullen-Harrison Act in April of that year, amending the prohibition-based Volstead Act and permitting the manufacturing and sale of low-alcohol beer and wines.
The 21st Amendment is unique among the US constitutional amendments as it is the only one to repeal a prior amendment. It is also the only amendment ratified by state ratifying conventions. The amendment left the regulation of alcohol up to individual states, and the Supreme Court affirmed that states have wide latitude in this regard. However, the amendment does not override other constitutional protections, and it has been held that it does not affect the Supremacy Clause or the Establishment Clause.
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Ratification by state conventions
The Twenty-first Amendment to the United States Constitution, which repealed the Eighteenth Amendment, was proposed by the 72nd Congress on February 20, 1933. It was then ratified by the requisite number of states on December 5, 1933.
The Twenty-first Amendment is unique among the 27 amendments of the U.S. Constitution for two reasons. 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, which had mandated nationwide prohibition on alcohol, was ratified on January 16, 1919, after years of advocacy by the temperance movement. However, as many Americans continued to drink despite the amendment, Prohibition gave rise to a profitable black market for alcohol, fueling the rise of organised crime.
The Twenty-first Amendment was officially added to the U.S. Constitution on December 5, 1933, when Utah's state convention unanimously ratified the amendment. The amendment was then ratified by conventions in the following states:
- Michigan
- Wisconsin
- Ohio
- Iowa
- Illinois
- Indiana
- Missouri
- North Dakota
- South Dakota
- Nebraska
- Kansas
- Colorado
- Wyoming
- Montana
- Idaho
- Washington
- Oregon
- Nevada
- California
- Oklahoma
- Texas
- Minnesota
- Arkansas
- Louisiana
- Mississippi
- Alabama
- Tennessee
- New Mexico
- Arizona
- Utah
- Pennsylvania
- West Virginia
- Connecticut
- Rhode Island
- Massachusetts
- New Hampshire
- Vermont
- Maine
The amendment was unanimously rejected by South Carolina's state convention on December 4, 1933. On November 7, 1933, North Carolina held a vote, and approximately 70% of its voters rejected holding a convention to consider the amendment. Mississippi was the last state to remain entirely dry. In August 1966, 19 of Mississippi's counties voted to legalise alcohol. Kansas continued to prohibit public bars until 1987.
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The transportation and importation of alcohol
The Eighteenth Amendment to the US Constitution prohibited the manufacture, sale, or transportation of intoxicating liquors for beverage purposes within the United States. It also banned the importation of beverage liquor into the country. The Amendment was ratified on January 16, 1919, after years of advocacy by the temperance movement.
The Twenty-First Amendment, which repealed the Eighteenth Amendment, was proposed by Congress on February 20, 1933, and ratified by the requisite number of states on December 5, 1933. It is unique among the US Constitution's amendments for being the only one to repeal a prior amendment and for being ratified by state ratifying conventions rather than state legislatures.
The Twenty-First Amendment's Section 2 implies that individual states are in charge of regulating the sale, manufacture, and transportation of alcohol within their jurisdictions for non-protectionist purposes, such as health or safety. This section has been the subject of several Supreme Court decisions, with certain states arguing for their implied authority to regulate the transportation of certain alcoholic beverages.
The Twenty-First Amendment also allowed the federal government to continue taxing and regulating activities involving alcoholic beverages, including aspects of beverage production, wholesale distribution, importation, labelling, and advertising.
Despite the Eighteenth Amendment, many Americans continued to drink, and an underground market for alcohol emerged. This gave rise to organised crime, with illegal alcohol production centres growing ties with criminal organisations. The Twenty-First Amendment's repeal of Prohibition is thought to have created half a million jobs.
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Litigation and interpretation
The Twenty-first Amendment to the United States Constitution, 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. The Twenty-first Amendment is unique in two ways: firstly, it is the only amendment that has specifically repealed another amendment; and 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 had mandated a nationwide prohibition on alcohol, and its enactment in 1919 was the crowning achievement of the temperance movement. However, Prohibition gave rise to a profitable black market for alcohol, fuelling the rise of organised crime. As more and more Americans opposed the Eighteenth Amendment, a political movement grew for its repeal.
The Twenty-first Amendment has been the subject of several court cases that have interpreted its scope and effect. For example, in California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., the U.S. Supreme Court found that while states have wide latitude to regulate alcohol under the Twenty-first Amendment, the amendment cannot justify a private price control system that violates federal anti-trust laws. In Craig v. Boren, the Court invalidated a state law that prescribed different minimum drinking ages for men and women as violating the Equal Protection Clause. The Court held that the Twenty-first Amendment "primarily created an exception to the normal operation of the Commerce Clause".
In New York State Liquor Authority v. Bellanca, the U.S. Supreme Court ruled that a state can legally ban liquor sales within its boundaries or in particular places such as topless bars. This interpretation of the Twenty-first Amendment leaves the regulation of alcohol up to the individual states. The amendment has also been interpreted to allow states to adopt legislation discriminating against imported intoxicating liquors in favour of those of domestic origin without offending the Commerce Clause of Article I or the Equal Protection and Due Process Clauses of the Fourteenth Amendment.
In summary, the Twenty-first Amendment, which repealed the Eighteenth Amendment and ended national prohibition, has been interpreted by the courts to give states broad powers to regulate alcohol, including the ability to discriminate in favour of domestic liquor producers and to ban liquor sales in certain places. However, the amendment does not override federal anti-trust laws or the Equal Protection Clause.
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Frequently asked questions
The 21st Amendment has not been repealed. It repealed the 18th Amendment on December 5, 1933.
The 21st Amendment repealed the prohibition on alcohol, allowing states to regulate the sale of alcohol.
The end of prohibition was thought to have created half a million jobs. It also reduced the power of organised crime, which had been fuelled by the illegal alcohol trade.
