Eleanor Finch
The Twenty-First Amendment to the US Constitution, which repealed the Eighteenth Amendment, brought an end to the Prohibition Era. The Eighteenth Amendment had imposed a nationwide ban on the manufacture, distribution, and sale of alcoholic beverages, but it fueled the rise of organized crime and was ultimately unpopular with the American public. The Twenty-First Amendment, proposed by Congress in 1933, reversed this by repealing the Eighteenth Amendment and ending Prohibition.
| Characteristics | Values |
|---|---|
| Amendment number | Twenty-First Amendment (Amendment XXI) |
| Date proposed | February 20, 1933 |
| Date ratified | December 5, 1933 |
| Date officially added to the U.S. Constitution | December 5, 1933 |
| Amendment repealed | Eighteenth Amendment |
| Section 1 | "The eighteenth article of amendment to the Constitution of the United States is hereby repealed." |
| Section 2 | "The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited." |
| Section 3 | "This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress." |
| Ratified by | State ratifying conventions |
| Previous amendment repealed | The Eighteenth Amendment was the only previous amendment that had been repealed by another amendment |
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What You'll Learn
The Eighteenth Amendment
> After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
However, as the decade progressed, illegal alcohol production increased to meet demand, and prices for illicit beverages decreased. The illegal alcohol production centres also grew ties with organised crime organisations, such as the Chicago Outfit under the leadership of mob boss Al Capone. By the 1930s, overall public sentiment toward prohibition had flipped from positive to negative, and Congress was compelled to act. On February 20, 1933, Congress proposed a new amendment to end prohibition, which was ratified on December 5, 1933, thus repealing the Eighteenth Amendment.
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The Volstead Act
The movement towards prohibiting alcoholic beverages had been building for a century, led by groups such as the Women's Christian Temperance Union and the Anti-Saloon League. These temperance societies lobbied local, state, and federal governments relentlessly, and by 1917, Congress had sent the 18th Amendment, also known as the Prohibition Amendment, to the states for ratification. Within 13 months, the states had ratified the amendment, and the Volstead Act was introduced to implement it.
The act was named after Andrew Volstead, the chairman of the House Judiciary Committee, who championed the bill and prohibition. The bill was first proposed by attorney Wayne Wheeler of the Anti-Saloon League and was amended several times before being passed by Congress on October 28, 1919. President Woodrow Wilson vetoed the bill, but Congress overrode his veto, and the Volstead Act went into effect on January 16, 1920.
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The temperance movement
The earliest temperance organizations were founded in Saratoga, New York, in 1808, and in Massachusetts in 1813. In 1810, Calvinist ministers met in a Massachusetts seminary to write articles advocating abstinence from alcohol, which they used in their preaching. The Massachusetts Society for the Suppression of Intemperance (MSSI) was formed in 1813 and accepted only men of high social standing. The MSSI encouraged moderation in alcohol consumption and had its peak of influence in 1818, disbanding in 1820 without making a significant impact on the future of the movement.
Other small temperance societies appeared in the 1810s but had little impact outside their regions and soon disbanded. Their methods, including public abstinence pledges and meetings, as well as pamphlet distribution, were later adopted by more enduring temperance societies such as the American Temperance Society. The movement spread rapidly under the influence of the churches; by 1833, there were 6,000 local societies in several U.S. states.
The Second Great Awakening, an Evangelical Protestant religious revival of the 1820s and 1830s, brought optimism about moral reform. This social movement aimed for a perfect society, including abolitionism and temperance. Although the temperance movement was nonsectarian in principle, it consisted mostly of churchgoers. Temperance advocates like Carry Nation worked to great effect outside the organized movement.
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The Twenty-First Amendment's unique ratification
The Twenty-First Amendment to the United States Constitution, which repealed the Eighteenth Amendment's nationwide prohibition on alcohol, is unique in its ratification for several reasons. Firstly, it is the only amendment that specifically repeals another amendment. Secondly, it is the only amendment ratified by state ratifying conventions rather than state legislatures.
The Eighteenth Amendment, ratified in 1919, imposed a nationwide ban on the manufacture, sale, and transportation of alcohol. This amendment was highly controversial as it empowered the federal government to police individual social habits and morality, a role traditionally held by state and local governments. The immediate impact of the amendment appeared positive, with a decline in alcohol-related crimes. However, as the years progressed, illegal alcohol production increased to meet rising demand, and criminal organisations, such as the Chicago Outfit led by Al Capone, gained influence.
By the 1930s, public sentiment towards prohibition had shifted from positive to negative, and Congress was pressured to act. On February 20, 1933, Congress proposed the Twenty-First Amendment to end prohibition and initiated the Blaine Act. This was the first time in the history of the Constitution that an amendment was sent for ratification by state ratifying conventions instead of state legislatures. The proposed amendment was ratified on December 5, 1933, and certified by Secretary of State William Philips.
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Supreme Court rulings and the Twenty-First Amendment
The Twenty-First Amendment to the US Constitution repealed the Eighteenth Amendment, which had established a nationwide ban on the manufacture, sale, and transportation of alcohol. The Twenty-First Amendment was ratified on December 5, 1933, ending Prohibition.
The Eighteenth Amendment had been controversial from its inception, as it empowered the federal government to police activities related to individual social habits and morality—a role traditionally led by state and local governments. This led to an increase in illegal alcohol production and ties between criminal organizations and illegal alcohol production centers. By the 1930s, public sentiment toward prohibition had turned negative, and Congress proposed a new amendment to end it.
In the decades since the Twenty-First Amendment, a series of Supreme Court decisions have been made regarding Section 2, which grants states some authority to regulate alcoholic beverages. These rulings have set general guidelines regarding the limitations of advertising beverages and their prices, and allowed percentages in certain counties and municipalities within states.
While the Twenty-First Amendment addressed alcohol regulation, other Supreme Court rulings have focused on other amendments to the Constitution, such as the First Amendment, which protects an individual's fundamental right to purchase books anonymously, as seen in Butler v. Michigan, and the right to dissent, as seen in West Virginia State Board of Education v. Barnette. The Supreme Court has also ruled on cases involving the relationship between the government and social media platforms, such as Moody v. NetChoice and NetChoice v. Paxton, which examined laws in Florida and Texas that sought to control social media content moderation.
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Frequently asked questions
The Twenty-First Amendment repealed the Eighteenth Amendment, ending the prohibition.
The Twenty-First Amendment was ratified on December 5, 1933.
The Eighteenth Amendment established a nationwide ban on the manufacture, sale, and transportation of alcohol.
The Eighteenth Amendment led to the formation of an underground market for alcohol, which resulted in increased illegal alcohol production and ties with organized crime organizations.
By the 1930s, public sentiment toward prohibition had turned negative, and Congress proposed the Twenty-First Amendment to end prohibition and address the issues it had created.
