Eighteenth Amendment to the United States Constitution

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Amendment XVIII in the National Archives

Prohibition agents destroying barrels of alcohol.

Amendment XVIII (the Eighteenth Amendment) of the United States Constitution, along with the Volstead Act (which defined "intoxicating liquors" excluding those used for religious purposes), established Prohibition in the United States.

1 Text
2 History
3 Proposal and ratification
4 Notes
5 References
6 External links

[edit] Text

“

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.

”

[edit] History

The Senate passed the amendment on December 18, 1917. The amendment was ratified on January 16, 1919, having been approved by 36 states. It went into effect one year later on January 16, 1920.

When Congress submitted this amendment to the states for ratification, it was the first time that a proposed amendment had a provision that placed a deadline on ratification. The validity of the amendment was challenged on that basis in Dillon v. Gloss. The Supreme Court ruled on the case in 1921, upholding the constitutionality of such deadlines.

The amendment was subsequently repealed by the Twenty-First Amendment on December 5, 1933. It remains the only constitutional amendment to be repealed in its entirety.

[edit] Proposal and ratification

Congress proposed the Eighteenth Amendment on December 18, 1917.^[1] The following states ratified the amendment:

Mississippi (January 8, 1918)
Virginia (January 11, 1918)
Kentucky (January 14, 1918)
North Dakota (January 25, 1918)
South Carolina (January 29, 1918)
Maryland (February 13, 1918)
Montana (February 19, 1918)
Texas (March 4, 1918)
Delaware (March 18, 1918)
South Dakota (March 20, 1918)
Massachusetts (April 2, 1918)
Arizona (May 24, 1918)
Georgia (June 26, 1918)
Louisiana (August 3, 1918)
Florida (December 3, 1918)
Michigan (January 2, 1919)
Ohio (January 7, 1919)
Oklahoma (January 7, 1919)
Idaho (January 8, 1919)
Maine (January 8, 1919)
West Virginia (January 9, 1919)
California (January 13, 1919)
Tennessee (January 13, 1919)
Washington (January 13, 1919)
Arkansas (January 14, 1919)
Kansas (January 14, 1919)
Alabama (January 15, 1919)
Colorado (January 15, 1919)
Iowa (January 15, 1919)
New Hampshire (January 15, 1919)
Oregon (January 15, 1919)
Nebraska (January 16, 1919)
North Carolina (January 16, 1919)
Utah (January 16, 1919)
Missouri (January 16, 1919)
Wyoming (January 16, 1919)

Ratification was completed on January 16, 1919. The amendment was subsequently ratified by the following states:

Minnesota (January 17, 1919)
Wisconsin (January 17, 1919)
New Mexico (January 20, 1919)
Nevada (January 21, 1919)
New York (January 29, 1919)
Vermont (January 29, 1919)
Pennsylvania (February 25, 1919)
Connecticut (May 6, 1919)
New Jersey (March 9, 1922)

The amendment was rejected by the following state:

Rhode Island

[edit] Notes

^ Mount, Steve (Jan 2007). Ratification of Constitutional Amendments. Retrieved on Feb 24, 2007.

[edit] References

(2004) in Johnny H. Killian, George A. Costello, and Kenneth R. Thomas (ed.): The Constitution of the United States of America: Analysis and Interpretation, David M. Ackerman, Henry Cohen, and Robert Meltz (contributors), Government Printing Office, 35–36, 2081–83.