US Constitution
of 1787
18th and 21st Amendments
#
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US
Constitution Amendment
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Proposal Date
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Enacted Date
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21st
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Repeals the Eighteenth Amendment and prohibits
violations of state laws regarding alcohol - Signers: Speaker of the House
John Nance Garner (D-TX) & Vice President Charles Curtis (R-KA)
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February 20, 1933
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December 5, 1933
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18th
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Establishes prohibition of alcohol (repealed
by Twenty-first Amendment) - Signers: Speaker of the House Champ Clark
(D-MS) & Vice President Thomas R. Marshall (D - IN)
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December 18, 1917
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January 16, 1919
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The Eighteenth Amendment of the United States Constitution effectively established the prohibition of alcoholic beverages in the United States by declaring the production, transport and sale of alcohol illegal. The separate Volstead Act set down methods of enforcing the Eighteenth Amendment, and defined which "intoxicating liquors" were prohibited, and which were excluded from prohibition (e.g., for medical and religious purposes). Perplexingly, the Amendment did not outlaw the consumption or private possession of alcohol. The Amendment was the first to set a time delay before it would take effect following ratification, and the first to set a time limit for its ratification by the states. Its ratification was certified on January 16, 1919, with the amendment taking effect on January 17, 1920.
Section 1. After one year from the
ratification of this article the manufacture, sale, or transportation of
intoxicating liquors within, the importation thereof into, or the exportation
thereof from the United States and all territory subject to the jurisdiction
thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several
States shall have concurrent power to enforce this article by appropriate
legislation.
Section 3. This article shall be
inoperative unless it shall have been ratified as an amendment to the
Constitution by the legislatures of the several States, as provided in the
Constitution, within seven years from the date of the submission hereof to the
States by the Congress.
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| 18th Amendment - Pamphlet, dated September 7, 1918 of letters and articles written by former President Howard Taft titled “Taft Denounces Dry Amendment, Sees Grave Danger in Adoption of Prohibition Proposal for Constitution,” and “An Irretrievable National Blunder.” Reprinted from the New Haven Journal-Courier, Saturday, September 7th, 1918. |
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.
Above is a Typed Letter Signed by Congressman Hamilton
Fish, Jr. to H. Powell Ramsdell, Esq. of Newburgh, New York stating: “Replying
to your letter, although I have been in favor of the modification of the
Volstead Act to permit the sale of beer for a number of years, there are not
anywhere near 50% of the Members of Congress that favor such action,
consequently there is no prospect of any legislation along these lines.
Sincerely yours, Hamilton Fish, Jr.”
Ten months later, Congress did act and proposed the Twenty-first
Amendment on February 20, 1933. The proposed amendment was adopted on December
5, 1933 by state ratifying conventions, specially selected for the purpose. Eight States (GA, KS, LA, MI, NE, ND, OK, and
SD) took no action to consider the amendment.
North Carolina refused to hold a convention and South Carolina's
Convention was the only one to reject the 21st Amendment.
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