Eleanor Finch
The Twenty-first Amendment to the United States Constitution is the only constitutional amendment to have repealed another constitutional amendment. It repealed the Eighteenth Amendment, which had established a nationwide ban on the manufacture, sale, and transportation of alcohol. The Eighteenth Amendment was ratified on January 16, 1919, after years of advocacy by the temperance movement, which argued that prohibition would reduce poverty and other societal issues. However, the amendment proved ineffective, as illegal alcohol production increased, and it inadvertently fuelled the rise of organised crime. Public sentiment turned against Prohibition by the late 1920s, and the Twenty-first Amendment, which repealed it, was ratified on December 5, 1933, marking the only time a constitutional amendment has been repealed in American history.
| Characteristics | Values |
|---|---|
| Amendment that repealed another amendment | Twenty-first Amendment (Amendment XXI) |
| Amendment that was repealed | Eighteenth Amendment (Amendment XVIII) |
| Date of repeal | December 5, 1933 |
| Subject matter | Prohibition of alcohol |
| Previous amendment's subject matter | The Eighteenth Amendment established a nationwide ban on the manufacture, sale, and transportation of alcohol |
| Reason for repeal | Growing opposition to Prohibition, including from 1932 Democratic presidential nominee Franklin D. Roosevelt |
| Unique characteristics of the Twenty-first Amendment | The only amendment to repeal a prior amendment and the only amendment ratified by state ratifying conventions |
| Impact | Ended Prohibition, with some states and communities continuing to regulate alcohol; influenced Supreme Court decisions and shaped alcohol advertising and pricing guidelines |
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![Ratification of the Twenty-First Amendment of the Constitution of the United States [1938]: State Convention Records and Laws](https://m.media-amazon.com/images/I/71KMq9r2YgL._AC_UY218_.jpg)
What You'll Learn
The Eighteenth Amendment
Public sentiment began to turn against Prohibition during the 1920s, and by the end of the decade, public perception of the amendment had shifted from generally positive to negative. The Great Depression also hastened its demise, as opponents argued that the ban on alcohol denied jobs to the unemployed and much-needed revenue to the government. In 1932, Democratic presidential candidate Franklin D. Roosevelt included a plan for repealing the 18th Amendment in his platform, and his victory in November led to the end of Prohibition.
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The Twenty-first Amendment
However, the Eighteenth Amendment proved largely ineffective, as many Americans continued to drink, fuelling the rise of organised crime. As a result, public sentiment turned against Prohibition during the 1920s, and a political movement for its repeal grew. In 1932, Franklin D. Roosevelt, the Democratic presidential nominee, called for its repeal, and his victory in November 1932 led to the end of Prohibition.
Section 1 of the Twenty-first Amendment expressly repeals the Eighteenth Amendment, while Section 2 bans the importation of alcohol into states and territories that still prohibit it. Several states continued to be "dry states" after the repeal, and some still closely regulate alcohol distribution. Many states delegate their power to ban importation to counties and municipalities.
In the decades since the Twenty-first Amendment, there have been a series of Supreme Court decisions regarding Section 2, with certain states arguing in favour of their implied authority to regulate the transportation of alcoholic beverages.
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Prohibition
The Eighteenth Amendment to the United States Constitution, which established a nationwide ban on the manufacture, sale, and transportation of alcohol, was ratified on January 16, 1919. The amendment was the result of years of advocacy by the temperance movement, which argued that prohibition would eliminate poverty and social problems such as immoral sexual behaviour and violence.
In the first few years of the 1920s, the immediate impact of Prohibition appeared positive, with an overall decline in crimes related to alcohol consumption. However, as the decade progressed, illegal alcohol production increased to meet rising demand. This led to a profitable black market for alcohol, fuelling the rise of organised crime. By the late 1920s, public sentiment had turned against Prohibition, and the Great Depression further hastened its demise, with opponents arguing that the ban denied jobs to the unemployed and revenue to the government.
Franklin D. Roosevelt, the 1932 Democratic presidential nominee, included a plan to repeal the Eighteenth Amendment in his platform, and his victory in November 1933 sealed the fate of Prohibition. On February 20, 1933, Congress adopted a resolution proposing the Twenty-first Amendment, which repealed the Eighteenth Amendment. The Twenty-first Amendment was ratified on December 5, 1933, and it is the only amendment in American history to repeal a prior amendment.
Even after the Twenty-first Amendment ended national Prohibition, several states continued to be "dry states", and some still closely regulate the distribution of alcohol. Mississippi was the last state to lift all its Prohibition-era laws in 1966, while Kansas maintained its ban on public bars until 1987.
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Alcohol regulation
The Eighteenth Amendment to the United States Constitution, which established a nationwide ban on the manufacture, sale, and transportation of alcohol, was ratified on January 16, 1919. The amendment was the result of decades of effort by the temperance movement, which argued that a ban on alcohol would eliminate poverty and other societal problems such as immoral sexual behaviour and violence.
However, the Eighteenth Amendment largely failed to prevent the mass distribution of alcoholic beverages and inadvertently caused a massive increase in organised crime. Alcohol smuggling and illicit bars became popular, and by the late 1920s, public sentiment had turned against Prohibition. Opponents of Prohibition argued that it lowered tax revenue and imposed "rural" Protestant religious values on "urban" America. As more and more Americans opposed the amendment, a political movement for its repeal grew.
On February 20, 1933, Congress proposed a new amendment to end Prohibition, which was ratified on December 5, 1933, as the Twenty-first Amendment. The Twenty-first Amendment repealed the Eighteenth Amendment, making it the only constitutional amendment in American history to be repealed. The Twenty-first Amendment also modified the Volstead Act to permit the sale of beer.
Even after the Twenty-first Amendment, several states continued to be "dry states", and some continue to closely regulate the distribution of alcohol to this day. Many states delegate their power to ban the importation of alcohol to counties and municipalities.
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Temperance movement
The Temperance Movement, which began in the United States with Benjamin Rush's 1784 tract, "An Inquiry Into the Effects of Ardent Spirits Upon the Human Body and Mind", judged the excessive consumption of alcohol to be harmful to physical and psychological health. In the following years, several temperance associations were formed, and by the 1830s, the movement had split between moderates who allowed some drinking and radicals who demanded total abstinence, and between voluntarists who relied on moral suasion and prohibitionists who promoted laws to restrict or ban alcohol.
The movement gained momentum in the late 19th and early 20th centuries, particularly in English-speaking, Scandinavian, and majority Protestant countries, and led to national prohibitions in Canada (1918-1920), Norway (1919-1926), Finland (1919-1932), and the United States (1920-1933). In the US, the movement was driven by organizations such as the American Society for the Promotion of Temperance, the Woman's Christian Temperance Union, and the Anti-Saloon League, which claimed that prohibition would eliminate poverty, improve social issues, and inspire new forms of sociability.
The efforts of the temperance movement resulted in the Eighteenth Amendment to the US Constitution, which was ratified on January 16, 1919, and established nationwide prohibition on alcohol. However, the amendment was largely unsuccessful in preventing the mass distribution of alcoholic beverages and inadvertently fuelled the rise of organised crime. As a result, public sentiment turned against prohibition during the 1920s, and the Great Depression further hastened its demise as opponents argued that the ban denied jobs to the unemployed and revenue to the government.
The Twenty-first Amendment, which repealed the Eighteenth Amendment and ended national prohibition, was proposed by Congress on February 20, 1933, and ratified on December 5, 1933. This amendment was unique in being the only one to repeal a prior amendment and the only one ratified by state ratifying conventions. Despite the end of nationwide prohibition, several states continued to be "dry states", and some still closely regulate alcohol distribution today.
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Frequently asked questions
The Twenty-first Amendment repealed the Eighteenth Amendment.
The Eighteenth Amendment established a nationwide ban on the manufacture, sale, and transportation of 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 ratified by the requisite number of states on December 5, 1933.
