
Pre-Prohibition saloons were mostly male establishments; post-Prohibition bars catered to both males and females
Text
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.
Backgroud
The Eighteenth Amendment to the Constitution had ushered in a period
of time known as
Prohibition, during which the manufacture,
distribution, and sale of alcoholic beverages was illegal. Passage of
the Eighteenth Amendment in 1919 was the crowning achievement of the
temperance movement, but it soon proved highly unpopular. Crime rates soared under Prohibition as gangsters, such as Chicago's
Al Capone,
became rich from a profitable, often violent, black market for alcohol.
The federal government was incapable of stemming the tide: enforcement
of the
Volstead Act proved to be a nearly impossible task and corruption was rife among law enforcement agencies. In 1932, wealthy industrialist
John D. Rockefeller, Jr. stated in a letter:
When Prohibition was introduced, I hoped that it
would be widely supported by public opinion and the day would soon come
when the evil effects of alcohol would be recognized. I have slowly and
reluctantly come to believe that this has not been the result. Instead,
drinking has generally increased; the
speakeasy
has replaced the saloon; a vast army of lawbreakers has appeared; many
of our best citizens have openly ignored Prohibition; respect for the
law has been greatly lessened; and crime has increased to a level never
seen before.
As more and more Americans opposed the Eighteenth Amendment, a
political movement grew for its repeal. However, repeal was complicated
by
grassroots politics.
Although the U.S. Constitution provides two methods for ratifying
constitutional amendments, only one method had been used up until that
time; and that was for ratification by the state legislatures of
three-fourths of the states. However, the wisdom of the day was that the
lawmakers of many states were either beholden to or simply fearful of
the temperance lobby. For that reason, when
Congress
formally proposed the repeal of Prohibition on February 20, 1933 (with
the requisite two-thirds having voted in favor in each house; 63 to 21
in the
United States Senate and 289 to 121 in the
United States House of Representatives), they chose the
other ratification method established by
Article V, that being via
state conventions. The Twenty-first Amendment is, thus far in American history, the
only constitutional amendment ratified by state conventions rather than by the state legislatures.
Proposal and ratification
The Congress proposed the Twenty-first Amendment on February 20, 1933.
The proposed amendment was adopted on December 5, 1933. It is the only amendment to have been ratified by
state ratifying conventions, specially selected for the purpose. All other amendments have been ratified by
state legislatures.
It is also the only amendment that was approved for the explicit
purpose of repealing a previously-existing amendment to the
Constitution. The Twenty-first Amendment ending national prohibition
became officially effective on December 15, though people started
drinking openly before that date.
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