Twenty-first Amendment to the United States Constitution

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Amendment XXI in the National Archives

Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition.

1 Background
2 State and local control
3 Court rulings
4 Proposal and ratification
5 References
6 External links

[edit] Background

The Twenty-first Amendment was proposed by the United States Congress on February 20, 1933 and was fully ratified on December 5, 1933. This Amendment is thus far the only case, besides the initial ratification of the original Constitution, in which state conventions, specially selected for the purpose—not state legislatures—ratified the amendment.

[edit] State and local control

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 grain alcohol, and many U.S. states still remained "dry" (state prohibition of alcohol) long after its ratification. (Mississippi was the last, remaining dry until 1966.) Many states now delegate the authority over alcohol granted to them by this Amendment to their municipalities and/or counties, which has led to many lawsuits over First Amendment rights when local governments have tried to revoke liquor licenses.

[edit] Court rulings

Court rulings involving this amendment have been rare.

In Craig v. Boren (1976), the Supreme Court found that analysis of the Equal Protection Clause of the Fourteenth Amendment had not been changed by the passage of the 21st Amendment.

In South Dakota v. Dole (1987), the Supreme Court upheld the withholding of 5% of federal highway funds to South Dakota because they allowed 3.2% beer to be sold to persons under the age of 21. In a 7-2 decision, Chief Justice Rehnquist held that the offer of benefits is not coercion that inappropriately invades state sovereignty. Justice O'Connor dissented, arguing that the relationship between the highway funds and the drinking age regulation was too attenuated.

In May 2005, the Supreme Court decided in Granholm v. Heald (2005), by a 5–4 majority, that the 21st Amendment does not overrule the Dormant Commerce Clause with respect to alcohol sales, and states must treat in-state and out-of-state wineries equally.