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An Overview of the 21st Amendment

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What is the 21st Amendment?“Section 1. The eighteenth article of amendment to theConstitution of the United States is hereby repealed.Section 2. The transportation or importation into every 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 here of to the States by the Congress.”The 21st Amendment DefinedDate ProposedThe 21st Amendment was proposed on February 20th, 1933Date PassedThe 21st Amendment was passed on December 5th, 1933President of the United StatesFranklin D. Roosevelt was the President of the United States during the ratification of the 21st AmendmentStipulations of the 21st AmendmentThe 21st Amendment was a direct response to the preexisting 18th Amendment of the Constitution of the United States, which mandated the sale, possession, consumption, and transport of alcoholic beverages as illegalIn addition to this amendment overturning statutes deeming alcoholic beverages to be illegal, the 21st Amendment allowed individual states to regulate all applicable legislature with regard to the commercial availability of alcoholic beveragesThe 21st Amendment instituted the legal instrument currently known as liquor licenses21st Amendment FactsAs of 2011, the 21st Amendment is the only Constitutional Amendment facilitated to directly repeal a preexisting amendment – in this case, that amendment is the 18th AmendmentThe 18th Amendment – which included the prohibition of alcoholic beverages – was a direct response to ethics committees existing within the United States that credited alcohol with lascivious and criminal behaviorStates Ratifying the 21st Amendment1. Alabama2. Arizona3. Arkansas4. California5. Colorado6. Connecticut7. Delaware8. Florida9. Idaho10. Illinois11. Indiana12. Iowa13. Kentucky14. Maine15. Maryland16. Massachusetts17. Michigan18. Minnesota19. Missouri20. Montana21. Nevada22. New Hampshire23. New Jersey24. New Mexico25. New York26. North Carolina27. Ohio28. Oregon29. Pennsylvania30. Rhode Island31. South Carolina32. Tennessee33. Texas34. Utah35. Vermont36. Virginia37. Washington38. West Virginia39. Wisconsin40. WyomingStates Not Participatory in the Ratification of the 21st Amendment1. Georgia2. Kansas3. Louisiana4. Mississippi5. Nebraska6. North Dakota7. Oklahoma8. South DakotaCourt Cases Associated with the 21st AmendmentCraig v. Boren (1976) – this court case addressed proposed legislation differentiating the legal age of alcohol consumption imposed with regard to males and females within the state of Oklahoma; the motion was overturned as a result of a presumed violation of the 14th Amendment
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  • 21st Amendment

    What is the 21st Amendment?

    “Section 1. The eighteenth article of amendment to theConstitution of the United States is hereby repealed.

    Section 2. The transportation or importation into every 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 here of to the States by the Congress.”

    The 21st Amendment Defined

    Date Proposed

    The 21st Amendment was proposed on February 20th, 1933

    Date Passed

    The 21st Amendment was passed on December 5th, 1933

    President of the United States

    Franklin D. Roosevelt was the President of the United States during the ratification of the 21st Amendment

    Stipulations of the 21st Amendment

    The 21st Amendment was a direct response to the preexisting 18th Amendment of the Constitution of the United States, which mandated the sale, possession, consumption, and transport of alcoholic beverages as illegal

    In addition to this amendment overturning statutes deeming alcoholic beverages to be illegal, the 21st Amendment allowed individual states to regulate all applicable legislature with regard to the commercial availability of alcoholic beverages

    The 21st Amendment instituted the legal instrument currently known as liquor licenses

    21st Amendment Facts

    As of 2011, the 21st Amendment is the only Constitutional Amendment facilitated to directly repeal a preexisting amendment – in this case, that amendment is the 18th Amendment

    The 18th Amendment – which included the prohibition of alcoholic beverages – was a direct response to ethics committees existing within the United States that credited alcohol with lascivious and criminal behavior

    States Ratifying the 21st Amendment

    1. Alabama

    2. Arizona

    3. Arkansas

    4. California

    5. Colorado

    6. Connecticut


    7. Delaware

    8. Florida

    9. Idaho

    10. Illinois

    11. Indiana

    12. Iowa

    13. Kentucky

    14. Maine

    15. Maryland

    16. Massachusetts

    17. Michigan

    18. Minnesota

    19. Missouri

    20. Montana

    21. Nevada

    22. New Hampshire

    23. New Jersey

    24. New Mexico

    25. New York

    26. North Carolina

    27. Ohio

    28. Oregon

    29. Pennsylvania

    30. Rhode Island

    31. South Carolina

    32. Tennessee

    33. Texas

    34. Utah

    35. Vermont

    36. Virginia

    37. Washington

    38. West Virginia

    39. Wisconsin

    40. Wyoming

    States Not Participatory in the Ratification of the 21st Amendment

    1. Georgia

    2. Kansas

    3. Louisiana

    4. Mississippi

    5. Nebraska

    6. North Dakota

    7. Oklahoma

    8. South Dakota

    Court Cases Associated with the 21st Amendment

    Craig v. Boren (1976) – this court case addressed proposed legislation differentiating the legal age of alcohol consumption imposed with regard to males and females within the state of Oklahoma; the motion was overturned as a result of a presumed violation of the 14th Amendment

    NEXT: Twenty Second Amendment

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