"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 The eighteenth article of amendment to the Constitution of the United States is hereby repealed.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. Effect of Repeal."
The repeal of prohibition has just been a case of time. It has not brought any good to the citizens and to take it back after just a few years has shown, that people understood they have made a mistake to make alcohol illegal.
"The 21st Amendment Repeals the 18th
Happy Days are Here Again, Rare Amendment Ends Prohibition
Nov 13, 2009 David J. Shestokas
The Eighteenth Amendment had been the product of 178 years of efforts to ban alcohol in the United States that started with a ban in Georgia in 1742. The ban of the Eighteenth Amendment went into effect Jan, 16, 1920. It lasted a mere thirteen years.
21st Amendment Passed in 288 Days, Ending Prohibition
The stories of Prohibition, including the likes of Al Capone and the
Untouchables are well known. In light of the atmosphere created by
Prohibition, a political movement to elect “wet” legislators grew and on
Feb. 20, 1933 Congress sent the following proposal to the States:
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 The eighteenth article of amendment to the Constitution of the United States is hereby repealed.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.
With the ratifications of Ohio, Pennsylvania and Utah on Dec. 5,
1933, the 21st Amendment became effective and Prohibition was ended.
Four Rare Elements of the 21st Amendment
The 21st Amendment, although only in three sections, contained four
elements unusual to the Constitution. Three are unique and the fourth is
rare:
- first and only amendment to repeal another amendment
- only Amendment Ratified by State Conventions
- only Amendment to Grant Specific Authority to the States.
- one of only two Amendments to prohibit private conduct.
21st Amendment Repeals the 18th
By 1933, the Constitution had been amended 20 times. Never before had
any amendment been repealed. Some amendments had modified prior
amendments or extended their reach. The Fourteenth Amendment
for example, extended elements of the Fourth, Fifth and Sixth to the
States. In repealing the Eighteenth Amendment, the Twenty-First became
the only Amendment to repeal another.
21st Only Amendment Ratified by State Conventions
The Constitution provides for two methods for ratifying amendments submitted
to the States by Congress. One is by the votes of the state
legislatures. For all of the other 26 amendments this has been the
method of ratification. The other method is by conventions held in each
state with convention members chosen for the single purpose of
considering the proposed amendment.
The 21st Amendment’s Section 3 required that state conventions
consider the proposed amendment. There was congressional concern that
the normally elected legislators were either beholden to the temperance
lobby or sympathetic to it. Electing special conventions was the
solution to this potential political problem.
21st Only Amendment to Grant Specific Authority to the States
While the Tenth Amendment
provides for the undefined reservation of authority to the States,
there is no amendment but the 21st that specifically grants the States a
power. Section 2 gives the States broad authority to regulate the
delivery or use of intoxicating liquors. In many instances this has been
found to override the authority granted to Congress by the Commerce
Clause.
The extent of that authority regarding many aspects of the
Constitution remains a matter of contention to the present day as
demonstrated by the mail order wine case of Granholm v. Heald, 544 U.S. 460 (2005).
21st One of Only Two to Regulate Private Conduct
The Thirteenth Amendment
prohibits an individual from enslaving another. The Twenty-First
prohibits someone from bringing alcohol into a State while disobeying
its liquor laws. These are the only two constitutional provisions to
regulate private conduct.
As constitutional scholar Lawrence Tribe has put it: "there
are two ways, and only two ways, in which an ordinary private citizen
... can violate the United States Constitution. One is to enslave
someone, a suitably hellish act. The other is to bring a bottle of beer,
wine, or bourbon into a State in violation of its beverage control
laws—an act that might have been thought juvenile, and perhaps even
lawless, but unconstitutional?""
Source:
http://www.suite101.com/content/the-21st-amendment-repeals-the-18th-a169425
This amendment repealed another one to straigthen out a mistake that has been made. But it is also the only one up to now that has been ratified in State Conventions. This shows how close to the heart this matter has been to the American people. They have seen the bad and the ugly that has come out of the 18th amendment and wanted apparently desperatly a change.
This obviously fake video of the 30s still gives an insight into opinions of the people back then and how they felt about prohibition with a lot of stereotypes incorporated. Still, most of them wanted it to be gone anyway.
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