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  1. Home
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  4. 20
  5. Twenty-first Amendment to the United States Constitution

Events on February 20 in history

Twenty-first Amendment to the United States Constitution
1933Feb, 20

The Congress of the United States proposes the Twenty-first Amendment to the United States Constitution that will end Prohibition in the United States.

The annals of American history are punctuated by moments of profound societal change, and few amendments to the United States Constitution carry the dramatic narrative of the **Twenty-first Amendment**. This pivotal constitutional change, ratified on December 5, 1933, stands alone as the sole amendment to explicitly repeal a previous one, signaling an end to an era that had reshaped American life for nearly fifteen years: nationwide Prohibition.

The Great Experiment: The Eighteenth Amendment and Its Aftermath

To truly appreciate the significance of the Twenty-first Amendment, we must first look back at the "Great Experiment" it overturned. On January 16, 1919, fueled by decades of relentless advocacy from the burgeoning **temperance movement**, the **Eighteenth Amendment** was ratified, ushering in an unprecedented federal ban on the manufacture, sale, and transportation of alcoholic beverages across the United States. Congress further cemented this ban with the passage of the **Volstead Act**, which provided the detailed framework for enforcing Prohibition.

While well-intentioned, aiming to curb societal ills like crime and poverty linked to alcohol abuse, Prohibition ironically spawned new and pervasive challenges. Far from stopping Americans from drinking, it simply drove the consumption underground, creating a highly profitable black market for alcohol. This illicit trade became a primary revenue stream for nascent criminal organizations, directly fueling the rise of **organized crime** and figures who would become legendary, like Al Capone. Speakeasies flourished, and respect for the law began to erode as many citizens openly defied it. Throughout the 1920s, a growing chorus of voices began to question the efficacy and enforceability of Prohibition, leading to a mounting movement for repeal.

A Unique Path to Repeal: The Twenty-first Amendment's Journey

By the early 1930s, the national sentiment had decisively shifted. The economic hardships of the Great Depression also added weight to the argument for legalizing alcohol, promising new tax revenues and jobs. Responding to this overwhelming public demand, the 72nd Congress formally proposed the **Twenty-first Amendment** on February 20, 1933.

The ratification process for the Twenty-first Amendment was as unique as its purpose. Unlike all other amendments, which were ratified by state legislatures, this amendment was sent to **state ratifying conventions**. This was a conscious and strategic decision, primarily to bypass state legislatures that might still be influenced by powerful temperance lobbies, ensuring a direct popular mandate for repeal. The process moved swiftly, and by December 5, 1933, the requisite number of states had ratified the amendment, effectively ending Prohibition and sparking celebrations nationwide. It remains the only amendment in U.S. history to have been ratified through this specific convention method.

Understanding the Twenty-first Amendment: Sections and Legacy

The Twenty-first Amendment is surprisingly concise, yet profoundly impactful:

  • Section 1: The Express Repeal. This section unequivocally states: "The eighteenth article of amendment to the Constitution of the United States is hereby repealed." It leaves no room for ambiguity, dismantling the legal foundation of Prohibition with a single, powerful sentence.
  • Section 2: State Control Over Alcohol. This critical section declares: "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." This clause was a pragmatic compromise, reflecting the desire to end nationwide Prohibition while still respecting the rights of individual states (and even local communities) to regulate or prohibit alcohol within their own borders.

The impact of Section 2 was immediate and lasting. While federal prohibition was over, many states, and indeed countless counties and municipalities, chose to remain "dry" for years, some even decades. Mississippi was the last state to legalize alcohol consumption statewide in 1966, but even today, numerous "dry communities" exist across the United States, exercising their local control thanks to Section 2. This section has also occasionally become a point of contention in Supreme Court cases, particularly those touching upon the **Commerce Clause**, as courts balance state authority over alcohol with federal power to regulate interstate commerce. The Twenty-first Amendment, therefore, didn't just end an era; it established a unique framework for alcohol regulation that continues to shape American society today, balancing individual liberty with local control.

Frequently Asked Questions About the Twenty-first Amendment

What is the Twenty-first Amendment?
The Twenty-first Amendment to the U.S. Constitution is the only amendment that repealed a previous amendment, specifically the Eighteenth Amendment, which had mandated nationwide Prohibition of alcohol.
When was the Twenty-first Amendment ratified?
It was proposed by Congress on February 20, 1933, and officially ratified by the necessary number of states on December 5, 1933.
Why was the Twenty-first Amendment enacted?
It was enacted to end the nationwide prohibition of alcohol imposed by the Eighteenth Amendment. Prohibition had led to widespread defiance of the law, a booming black market, and the rise of organized crime, and public sentiment overwhelmingly shifted towards its repeal.
What is unique about the Twenty-first Amendment?
It is unique in two significant ways: it is the only amendment to repeal another amendment, and it is the only amendment to have been ratified by state ratifying conventions rather than by state legislatures.
What is the significance of Section 2 of the Twenty-first Amendment?
Section 2 is crucial because it gives individual states the power to regulate or prohibit the importation and consumption of alcohol within their borders. This means that while federal prohibition ended, states, counties, and even municipalities can still impose their own restrictions, leading to "dry states" or "dry communities."

References

  • Twenty-first Amendment to the United States Constitution
  • Prohibition in the United States

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