Jonah Patel
The 21st Amendment to the US Constitution, ratified in 1933, was necessary to repeal the 18th Amendment, which had ushered in a period known as Prohibition. The 18th Amendment, enacted in 1919, was the culmination of the temperance movement's efforts to ban the manufacture, distribution, and sale of alcoholic beverages. However, it quickly became evident that Prohibition was highly unpopular among Americans, and a political movement for its repeal gained momentum. The 21st Amendment not only ended national Prohibition but also granted states greater autonomy in regulating alcohol within their borders, making it a significant amendment in shaping the relationship between federal and state powers.
| Characteristics | Values |
|---|---|
| Purpose | Repeal of the Eighteenth Amendment, which prohibited the manufacture, distribution, and sale of alcoholic beverages |
| Date Passed by Congress | February 20, 1933 |
| Date Ratified | December 5, 1933 |
| Ratification Method | State ratifying conventions |
| Impact | Ended national prohibition; granted states greater authority to regulate alcohol within and across their borders |
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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The 21st Amendment repealed Prohibition
The 21st Amendment to the US Constitution, ratified in 1933, repealed the 18th Amendment, which had prohibited "the manufacture, sale, or transportation of intoxicating liquors". The 18th Amendment, enacted in 1919, was the culmination of the temperance movement, but it quickly became highly unpopular. As more and more Americans opposed it, a political movement for its repeal grew.
The 21st Amendment is unique in two ways: it is the only amendment that has specifically repealed another amendment, and it is the only amendment ratified by state ratifying conventions rather than state legislatures. The amendment passed by Congress on February 20, 1933, and was officially added to the US Constitution on December 5, 1933, when Utah's state convention unanimously ratified it.
The 21st Amendment not only ended national prohibition but also granted states greater autonomy in regulating alcohol within and across their borders. It allowed states to regulate the transportation and importation of alcohol, as long as they did not violate the commerce clause of the Constitution. This aspect of the amendment has been the subject of litigation, with questions arising over the scope of state authority under it and its impact on the power of Congress to regulate commerce.
The end of prohibition was thought to have created half a million jobs. President Roosevelt issued a proclamation following the passage of the amendment, expressing his trust in the American people to "not bring upon themselves the curse of excessive use of intoxicating liquors to the detriment of health, morals and social integrity".
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It was the only amendment ratified by state conventions
The Twenty-first Amendment to the US Constitution is unique for being the only amendment to have been ratified by state conventions. It was passed by Congress on February 20, 1933, and ratified on December 5, 1933, by the requisite number of states, ending almost 14 years of nationwide Prohibition.
The Twenty-first Amendment repealed the Eighteenth Amendment, which had banned the manufacture, distribution, and sale of alcoholic beverages across the US. The Eighteenth Amendment was the result of years of advocacy by the temperance movement and was ratified in 1919. However, Prohibition proved highly unpopular, with many Americans continuing to drink, leading to a profitable black market for alcohol that fuelled the rise of organised crime.
The Twenty-first Amendment was proposed by the 72nd Congress to repeal the Eighteenth Amendment and recognise the authority of states to regulate or prohibit alcoholic beverages within their borders. It was the only way to bypass the lawmakers of many states who were either influenced by or fearful of the temperance lobby. The amendment required approval from state ratifying conventions within seven years to become part of the Constitution.
Utah's state convention was the final one to unanimously ratify the amendment, with Acting Secretary of State William Phillips certifying the amendment as having been passed by the required three-fourths of the states. President Roosevelt then issued a proclamation expressing his trust in the good sense of the American people to not bring upon themselves "the curse of excessive use of intoxicating liquors to the detriment of health, morals and social integrity".
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It was necessary to end the unpopularity of the 18th Amendment
The 18th Amendment to the US Constitution, enacted in 1919, ushered in a period known as Prohibition, during which the manufacture, distribution, and sale of alcoholic beverages were illegal. While it was the crowning achievement of the temperance movement, it soon proved highly unpopular.
As a result of the 18th Amendment, a profitable black market for alcohol emerged, fueling the rise of organised crime. Crime rates soared as gangsters, such as Chicago's Al Capone, became rich from the illicit alcohol trade, which was often violent. The federal government was incapable of effectively enforcing Prohibition, and corruption was rife among law enforcement agencies.
By the late 1920s, public sentiment had turned against Prohibition, and the Great Depression only hastened its demise. Opponents argued that the ban on alcohol denied jobs to the unemployed and deprived the government of much-needed revenue. The efforts of the nonpartisan Association Against the Prohibition Amendment (AAPA) further contributed to public disillusionment. As more and more Americans opposed the 18th Amendment, a political movement for its repeal grew.
The 21st Amendment, proposed by Congress in February 1933 and ratified in December of the same year, expressly repealed the 18th Amendment, ending national Prohibition. It is the only amendment in American history to repeal a prior amendment and is also unique for being ratified by state ratifying conventions. The end of Prohibition was thought to have created half a million jobs.
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It gave states greater leeway in regulating alcohol
The 21st Amendment to the US Constitution was necessary for several reasons, one of which was that it gave states greater leeway in regulating alcohol within and across their borders. This meant that states could regulate the transportation and importation of alcohol, as long as they did not violate the commerce clause of the Constitution. The amendment specifically repealed the 18th Amendment, which had prohibited the manufacture, sale, and transportation of intoxicating liquors, and it was the only amendment to have been ratified by state ratifying conventions.
The 21st Amendment's second section has been the subject of much litigation, with questions arising over the impact of this section on the power of Congress to regulate commerce among the states. The courts have held that while the amendment does limit Congress's power to displace state regulatory policies on alcohol, the precise scope of this limitation remains unclear. This ambiguity was present during the drafting of the amendment, with congressional debates at the time reflecting uncertainty over whether the aim was to give states sweeping regulatory power over alcohol or simply to protect dry states from illegal beverage imports.
The Supreme Court initially adopted an expansive view of the states' authority under the 21st Amendment, interpreting it as granting states significant power over the importation, transportation, sale, distribution, and use of alcoholic beverages within their jurisdictions. However, in later years, the Court narrowed its interpretation, recognising that the amendment does not grant states unlimited power over alcohol regulation. For instance, the Court held that states cannot use the 21st Amendment to abridge freedom of speech protections under the First Amendment and that they must treat in-state and out-of-state wineries equally under the Dormant Commerce Clause.
The 21st Amendment's impact on alcohol regulation extended beyond the legal realm and had notable economic consequences. The end of prohibition, facilitated by the amendment, was credited with creating approximately half a million jobs. Additionally, the federal government retained the authority to regulate various aspects of the liquor trade, including beverage production, wholesale distribution, importation, labelling, and advertising. Federal law could preempt conflicting state liquor laws when the federal government's regulatory interests outweighed those of the states.
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It impacted the power of Congress to regulate commerce
The 21st Amendment to the US Constitution was necessary to repeal the 18th Amendment, which had ushered in a period of Prohibition, banning the manufacture, distribution, and sale of alcoholic beverages. The 21st Amendment's impact on the power of Congress to regulate commerce was significant.
The 21st Amendment specifically impacted the power of Congress to regulate commerce by granting states greater authority to regulate alcohol within and across their borders. This included the transportation and importation of alcohol, as long as they did not violate the commerce clause of the Constitution. The amendment's second section has been the subject of much litigation, with questions arising over the scope of state authority and its impact on Congress's power to regulate commerce under Article I, Section 8 of the Constitution.
The courts have interpreted the amendment as narrowing Congress's power to displace state regulatory policies regarding alcohol, but the exact extent of this narrowing remains unclear. The amendment's framers may have intended to give states broad regulatory power over alcoholic beverages, or they may have only sought to protect dry states from beverage imports illegal under state law. The Supreme Court initially adopted an expansive view of state authority, but later narrowed its interpretation, recognising that federal law may supersede conflicting state liquor laws when the federal government's regulatory interests outweigh those of the states.
The 21st Amendment's impact on the power of Congress to regulate commerce also extended to the Dormant Commerce Clause doctrine, which prohibits states from discriminating against interstate commerce. While the amendment was initially interpreted as superseding this doctrine, later court decisions, such as Granholm v. Heald (2005), clarified that the amendment does not overrule the Dormant Commerce Clause with respect to alcohol sales. This interpretation ensures that states must treat in-state and out-of-state wineries equally.
Overall, the 21st Amendment's impact on the power of Congress to regulate commerce was complex and multifaceted. It granted states greater authority over alcohol regulation while also limiting their ability to discriminate against interstate commerce. The interpretation of the amendment's impact on Congress's regulatory powers has evolved over time, with courts seeking to balance state and federal interests in the regulation of alcohol.
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Frequently asked questions
The 21st Amendment to the US Constitution was necessary to repeal the 18th Amendment, which ushered in a period known as Prohibition, during which the manufacture, distribution, and sale of alcoholic beverages were made illegal.
The 21st Amendment ended the nationwide ban on the manufacture, sale, and transportation of alcoholic beverages for beverage purposes. It also granted states greater autonomy in regulating alcohol within and across their borders.
The 21st Amendment was ratified by state ratifying conventions, specifically selected for this purpose. It is the only amendment to have been ratified in this way.
