Celebrating the End of an Era: New Yorkers joyously mark the end of Prohibition after the ratification of the 21st Amendment in 1933.
The Twenty-first Amendment to the United States Constitution, ratified on December 5, 1933, holds a unique place in American history. Its primary and momentous purpose was to repeal the Eighteenth Amendment. This earlier amendment, enacted in 1919, had ushered in a period known as Prohibition, a nationwide ban on the production, sale, and transportation of alcoholic beverages. The concise yet impactful text of the Twenty-first Amendment states:
- “The eighteenth article of amendment to the Constitution of the United States is hereby repealed.”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 Unintended Consequences of Prohibition
When the Eighteenth Amendment, supported by the Volstead Act for federal enforcement, came into force, it outlawed the nationwide manufacturing, selling, and transporting of alcohol. It’s important to note that the consumption of alcohol itself was not illegal, leading to a somewhat paradoxical situation. While many Americans continued to drink, a vast and illicit underground market for alcohol rapidly emerged.
Initially, Prohibition seemed to yield some positive results. Temperance organizations pointed to a decrease in alcohol-related crimes in the early 1920s. However, this apparent success was short-lived. As the decade progressed, the demand for alcohol persisted, and illegal production ramped up dramatically to meet it. The price of illegal liquor, initially exorbitant, began to fall as underground distilleries and breweries became more efficient.
More critically, the burgeoning illegal alcohol trade became deeply entangled with organized crime. Figures like Al Capone in Chicago rose to prominence, leading powerful criminal syndicates. These organizations profited immensely from bootlegging, and their wealth allowed them to corrupt law enforcement, politicians, and businesses. The widespread bribery and violence associated with organized crime severely undermined the enforcement of Prohibition. By the 1930s, public opinion had shifted dramatically against Prohibition. What had begun with optimistic intentions had devolved into a societal problem, fueling crime and disrespect for the law.
The Path to Repeal: The 21st Amendment
Faced with mounting public disapproval and the явное failure of Prohibition to curb alcohol consumption or its associated social ills, Congress began to take action. On February 20, 1933, Congress passed the Blane Act and proposed the Twenty-first Amendment, designed to repeal Prohibition. In a historic move, this amendment was submitted to state ratifying conventions rather than state legislatures, a method chosen for the first and only time in U.S. history, emphasizing public will in this decision.
The ratification process was swift. On December 5, 1933, the required three-fourths of states had ratified the amendment. Secretary of State William Philips officially certified the ratification, and President Franklin D. Roosevelt issued a proclamation. Roosevelt, while acknowledging the end of Prohibition, urged Americans to act responsibly, expressing his hope that they would “not bring upon themselves the curse of excessive use of intoxicating liquors.”
While the Twenty-first Amendment ended the nationwide prohibition, it included a crucial Section 2. This section granted states the authority to regulate alcohol within their borders. This provision reflected the varying opinions on Prohibition across the country, allowing states that wished to maintain stricter alcohol control to do so. Interestingly, some states were slow to fully embrace the repeal. Mississippi was the last state to repeal its Prohibition-era laws in 1966, and Kansas maintained a ban on public bars until 1987, illustrating the lasting impact of diverse local sentiments.
The Enduring Legacy of the 21st Amendment
Since its ratification, the Twenty-first Amendment has been the subject of numerous Supreme Court cases, particularly concerning Section 2 and its implications for state versus federal authority in regulating alcohol. These legal battles have shaped the understanding of states’ rights in controlling alcohol sales, advertising, and pricing, often in the context of the Commerce Clause and the Dormant Commerce Clause. Court rulings have established guidelines, allowing for local variations within states and municipalities regarding alcohol control.
In conclusion, the repeal of Prohibition through the Twenty-first Amendment was driven by a complex interplay of factors. While initially intended to reduce crime and social problems, Prohibition inadvertently fostered organized crime, widespread corruption, and public dissatisfaction. The Twenty-first Amendment stands as a testament to the adaptability of the U.S. Constitution and represents a unique chapter in American history – the only amendment specifically designed to repeal another, marking the end of a controversial and ultimately unsuccessful social experiment.
