Mason Delacroix
The Twenty-first Amendment to the US Constitution, which repealed the Eighteenth Amendment and ended Prohibition, was passed on December 5, 1933. The Eighteenth Amendment, which had been ratified in 1919, banned the manufacture, sale, and transportation of alcohol nationwide. However, Prohibition was widely seen as a failure, as it led to an increase in crime and lawlessness, with a thriving black market for alcohol that enriched organized crime. By the 1930s, public sentiment had turned against Prohibition, and Congress proposed the Twenty-first Amendment, which was ratified by state conventions, marking the return of legal alcohol in the United States.
| Characteristics | Values |
|---|---|
| Amendment Number | XXI |
| Date Ratified | December 5, 1933 |
| Purpose | To repeal the 18th Amendment and end the prohibition of alcohol |
| Key Provisions | "The eighteenth article of amendment to the Constitution of the United States is hereby repealed." "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." |
| Ratification | Ratified by conventions in the following states: 1. Michigan 2. Wisconsin 3. Rhode Island 4. Wyoming 5. New Jersey 6. Delaware 7. Indiana 8. Massachusetts 9. New York 10. Illinois 11. Iowa 12. Connecticut 13. New Hampshire 14. Pennsylvania 15. Ohio 16. Utah 17. Arkansas 18. Missouri 19. Nebraska 20. Nevada 21. Colorado 22. Oregon 23. Maryland 24. West Virginia 25. California 26. North Carolina 27. Kentucky 28. Tennessee |
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What You'll Learn
The Eighteenth Amendment
The amendment was first proposed by Congress on December 18, 1917, and was ratified by the necessary number of states just over a year later. The Eighteenth Amendment made it illegal to manufacture, transport, and sell intoxicating liquors such as liquor, wine, and beer, although it did not prohibit the consumption of alcohol.
The National Prohibition Act, commonly known as the Volstead Act, was passed by Congress to enforce the Eighteenth Amendment and define its language. President Woodrow Wilson vetoed the Volstead Act, but his decision was overridden by the House of Representatives and the Senate. The Volstead Act set the start date for nationwide prohibition as January 17, 1920, the earliest date allowed by the Eighteenth Amendment.
Despite the amendment, the consumption of alcohol continued, and the illegal manufacturing, smuggling, and sale of alcohol became widespread. This led to the rise of organised crime, with criminal organisations bribing businesses, political leaders, and police departments. Public sentiment towards the amendment also turned negative, and by the 1930s, Congress was compelled to act. On February 20, 1933, Congress proposed a new amendment to end prohibition, and the Eighteenth Amendment was officially repealed on December 5, 1933, with the ratification of the Twenty-first Amendment.
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The Volstead Act
The road to the Volstead Act began with the formation of the Anti-Saloon League in 1893, which eventually became a powerful force in passing a national ban on alcoholic beverages. The League used the after-effects of World War I to push for prohibition, arguing that grain was needed to feed the allied nations rather than make whiskey. They also claimed that drinking was pro-German, and played on the prejudice and suspicion of foreigners following the war. The League found strong support among women, who saw alcohol as a destroyer of families and marriages, and among factory owners who wanted workers to adopt the new work habits of early mornings and long nights.
The movement to prohibit alcohol gained momentum in the early 20th century, with the formation of temperance societies and progressive reformers advocating for more governmental control over citizens' lives. Between 1905 and 1917, states began imposing laws that prohibited the manufacture and sale of intoxicating beverages. In 1917, the House of Representatives proposed making prohibition the 18th Amendment to the Constitution, and by 1919, it was ratified.
Despite the Volstead Act, prohibition proved difficult to enforce. People found clever ways to evade prohibition agents, and neither federal nor local authorities committed the necessary resources to enforce the law. Prohibition also led to an increase in violent crime, with the rise of organized crime gangs that fought for control of the illegal alcohol market. By the 1930s, public sentiment had turned against prohibition, and Congress proposed a new amendment to end it. On December 5, 1933, the 21st Amendment was ratified, repealing the 18th Amendment and ending the era of prohibition.
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Public sentiment
The Eighteenth Amendment to the United States Constitution, ratified in 1919, ushered in the Prohibition Era, during which the manufacture, distribution, and sale of alcoholic beverages were illegal. While the amendment was the crowning achievement of the temperance movement, public sentiment soon turned against it.
Initially, Prohibition seemed to have positive effects, with a decline in crimes related to alcohol consumption and a decrease in alcohol-related deaths and hospitalizations. However, as the 1920s progressed, illegal alcohol production increased to meet demand, and prices for illicit beverages decreased. This led to the growth of organized crime, with criminal organizations like the Chicago Outfit under Al Capone profiting from the black market for alcohol and bribing businesses, political leaders, and law enforcement to turn a blind eye to their activities.
The Great Depression also played a pivotal role in shifting public opinion. As unemployment rates soared, the potential revenue from taxed alcohol sales became an attractive prospect for infusing much-needed funds into government coffers. Economists and political leaders argued that legalizing and taxing alcohol could both diminish the black market and bolster state and federal budgets.
By the 1930s, 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, as the Twenty-first Amendment. The Twenty-first Amendment repealed the Eighteenth Amendment, lifting the ban on alcohol and returning the regulation of alcohol to the states.
The ratification of the Twenty-first Amendment represented a reclamation of societal autonomy and a response to the evolving demands and challenges of the American people. It underscored the lesson that legislative measures must align with societal values and practical realities.
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State ratification
The Twenty-first Amendment to the United States Constitution, which repealed the Eighteenth Amendment's nationwide prohibition on alcohol, was ratified on December 5, 1933. This amendment is unique in two ways: it is the only amendment that has repealed a prior amendment, and it is the only amendment ratified by state ratifying conventions rather than state legislatures.
The Eighteenth Amendment, which had established a nationwide ban on the manufacture, sale, and transportation of alcohol, was ratified on January 16, 1919, after years of advocacy by the temperance movement. However, by the early 1930s, public sentiment had shifted, and prohibition was increasingly viewed as unenforceable. A political movement for its repeal grew, and on February 20, 1933, Congress proposed the Twenty-first Amendment.
The Twenty-first Amendment was sent out for ratification by state ratifying conventions, marking the first time in history that this method was used instead of ratification by state legislatures. This approach was chosen because, despite the decline in public support for prohibition, the political power of the temperance lobby remained strong in many states. By December 5, 1933, three states—Pennsylvania, Ohio, and Utah—had approved the amendment, bringing the total to 36 states in favour of ending prohibition. This constituted the three-fourths majority required by the Constitution, and the amendment was ratified.
It is worth noting that two states, North and South Carolina, rejected the Twenty-first Amendment, and eight other states did not meet or vote on the amendment before December 5. Additionally, several states continued to be "dry states" after the ratification, and some still closely regulate the distribution of alcohol today. The Twenty-first Amendment's second section has been interpreted as granting states broad authority over the regulation of alcoholic beverages, allowing them to decide whether to lift Prohibition-era bans.
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The Cullen-Harrison Act
The Act, however, did not have a long lifespan. It was voided when the 21st Amendment, which repealed National Prohibition of alcohol, was ratified on December 5, 1933. The 21st Amendment is unique as it is the only amendment to repeal another amendment, the 18th Amendment, which had legalized Prohibition. April 7 is now celebrated as National Beer Day in the United States, commemorating the end of Prohibition when legal beer sales returned for the first time in over a decade.
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Frequently asked questions
The Twenty-first Amendment (Amendment XXI) to the United States Constitution.
The Twenty-first Amendment repealed the Eighteenth Amendment, which had established a nationwide ban on the manufacture, sale, and transportation of alcohol.
The Twenty-first Amendment was proposed by Congress on February 20, 1933, and ratified by the requisite number of states on December 5, 1933.
