18th and 21st Amendments - HISTORY
What relationship did the 21st amendment to the constitution have to the 18th amendment? The 18th amendment started prohibition and the 21st repealed it. fied as an amendment to the Constitution by the legislatures of the sev- eral States, as provided Americans complied with the Eighteenth Amendment, at first. Saloons closed and . nia Retail Liquor Dealers Association v. Midcal Aluminum. Finally, the twenty-first amendment, repealing the eighteenth amendment, determine the relationship of the amendment's affirmative grant of power to the.
State and local control[ edit ] The second section bans the importation of alcohol in violation of state or territorial law. This has been interpreted to give states essentially absolute control over alcoholic beveragesand many U.
The U.S. Constitution, 2nd Edition by Timothy Harper
Mississippi was the last, remaining dry until ;  Kansas continued to prohibit public bars until Court rulings[ edit ] Section 2 has been the source of every Supreme Court ruling directly addressing Twenty-first Amendment issues.
Early rulings suggested that Section 2 enabled states to legislate with exceptionally broad constitutional powers. In State Board of Equalization v. First, the Court held that Section 2 abrogated the right to import intoxicating liquors free of a direct burden on interstate commerce, which otherwise would have been unconstitutional under the Commerce Clause before passage of the Twenty-first Amendment. Borenthe Supreme Court found that analysis under the Equal Protection Clause of the Fourteenth Amendment had not been affected by the passage of the Twenty-first Amendment.
Although the Court did not specify whether the Twenty-first Amendment could provide an exception to any other constitutional protections outside of the Commerce Clauseit acknowledged "the relevance of the Twenty-first Amendment to other constitutional provisions becomes increasingly doubtful". However, the Craig v. Boren Court did distinguish two characteristics of state laws permitted by the Amendment, which otherwise might have run afoul of the Constitution.
Does the 21st Amendment give states the power to regulate the sale or advertising of alcoholic beverages in ways that they could not for other articles of commerce?
Ratified December 5, The eighteenth article of amendment to the Constitution of the United States is hereby repealed.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. 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.
The 18th Amendmentratified in and with an effective date of January 17,declared with minor exceptions the production, transport, and sale of alcohol to be illegal. Prohibition was a disaster, leading to more organized crime as well as poisoning from crudely distilled alcohol. Bythe "wets" secured ratification of the 21st Amendment, repealing the 18th Amendment, but also establishing the power of states to regulate the importation and possession of intoxicating liquors within their own borders.
It is the meaning of Section 2, recognizing state authority to regulate alcohol that has been the subject of a series of rather inconsistent Supreme Court decisions.
Twenty-first Amendment to the United States Constitution - Wikipedia
Under a maximalist theory of Section 2, states have complete authority to regulate alcohol in their own borders, even in ways that would otherwise be inconsistent with other provisions of the Constitution including the Commerce Claue, the Equal Protection Clause, and the First Amendment. Under the minimalist theory, however, the 21st Amendment gives the states to regulate the importation of alcohol but not in ways the violate other previously enforceable provisions of the Constitution.What Is The Meaning Of The 21St Amendment?
The Courts first look at the 21st Amendment, in State Board of Equalization v Younresulted in a fairly maximalist interpretation of state powers. The Court recognized that in the absence of the 21st Amendment, the law would have been a clear violation of the Commerce Clause.