Twenty-first Amendment to the United States Constitution

Text and major provisions

The amendment has three short sections. The first section expressly repealed the Eighteenth Amendment. The second section gives states the power to regulate—indeed to prohibit—the transportation or importation of intoxicating liquors into their jurisdictions in violation of their laws. The third section addressed the method and conditions of ratification used for the amendment. For a full transcription and analysis, consult archival transcription.

History and ratification

Pressure to repeal Prohibition grew during the 1920s and early 1930s because of enforcement difficulties, rising organized crime, and changing public opinion during the Great Depression. A turning point was the Cullen–Harrison Act (March 1933), which loosened restrictions on beer and light wines before full repeal. Congress submitted the proposed amendment with a specially chosen procedure: it was ratified by state ratifying conventions rather than by state legislatures—an approach used to reduce legislative influence and reflect popular sentiment. The ratification process is documented in period records and commentary: see ratification records.

Effects and legal impact

After repeal, many states retained broad powers to regulate or ban alcohol within their borders, giving rise to "dry" counties and state liquor control systems. Over time the Supreme Court has interpreted the amendment as granting states considerable authority over alcohol regulation, but not absolute power to discriminate against out-of-state businesses in ways that violate the Commerce Clause. Several landmark court decisions and statutory developments illustrate how federal and state powers were balanced; for further legal context, review legal analyses and subsequent case law summaries.

Notable facts and legacy

• The Twenty-first Amendment is the only constitutional amendment that expressly repeals another amendment.
• It is unique for having been ratified by state conventions rather than state legislatures; contemporary commentary and records are available at convention archives.
• Its passage reshaped American politics, public health policy, and law enforcement approaches to alcohol—areas further discussed in historical overviews and scholarship: historical summaries.

Today the Twenty-first Amendment remains a key example of how constitutional amendment can correct or reverse national policy and how federalism allows states to tailor liquor laws to local preferences. The amendment's short text belies a complex legacy of regulation, commerce, and changing social norms.