Amendment 21 of 27 · 1933
Twenty-first Amendment
Ending Prohibition
The one-line version
This amendment ended national Prohibition in 1933 and lets each state make its own alcohol laws.
The Twenty-first Amendment in plain English
Section 1. The Eighteenth Amendment is repealed.
Section 2. It is illegal to transport or import alcoholic beverages into any state, territory, or U.S. possession in violation of that place's laws.
Section 3. This amendment will not take effect unless ratified by state conventions within seven years.
Original text, 1933
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 The eighteenth article of amendment to the Constitution of the United States is hereby repealed.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.
Phrase by phrase
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
- The Eighteenth Amendment is canceled.
for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited
- Bringing alcohol into a state or territory in a way that breaks its laws is banned.
by conventions in the several States
- Special state conventions, not state legislatures, would approve it.
Picture it
Example. Not legal advice.
You visit a friend in another state. Their grocery store sells wine, but back home you only see it in special liquor stores. Some counties do not allow alcohol sales at all. Section 2 is the reason: each state makes its own alcohol rules.
Myth check
MythThe Twenty-First Amendment lets states do anything they want with alcohol.
FactStates still must follow the rest of the Constitution. In Granholm v. Heald (2005), the Court said states cannot treat out-of-state wineries worse than in-state ones.
MythProhibition was ended by a court.
FactIt was ended by this amendment, which states approved through special conventions.
Common questions
What does the 21st Amendment say in simple terms?
It ends national Prohibition by repealing the 18th Amendment. It also bans bringing alcohol into a state in a way that breaks that state's laws. That gives each state strong power over alcohol.
Why did Prohibition end?
Many people ignored the ban, illegal alcohol was easy to find, and enforcement was unpopular. The Great Depression made many people want the jobs and tax money a legal industry could bring. The 21st Amendment repealed it on December 5, 1933.
Does the 21st Amendment set the drinking age at 21?
No. The amendment does not mention a drinking age. Drinking ages come from state laws. States chose 21 after Congress tied highway money to that age, which the Court upheld in South Dakota v. Dole (1987).
Why are alcohol laws different in every state?
Because Section 2 of the 21st Amendment gives states strong power over alcohol. Some counties still ban alcohol sales. States must still follow the rest of the Constitution, as Granholm v. Heald (2005) showed for out-of-state wineries.
Go deeper
The scene · 1933
By the early 1930s, Prohibition had lasted more than 10 years. Illegal alcohol was easy to find, and the Great Depression made many people want the jobs and tax money a legal alcohol industry could bring. Congress proposed repeal in February 1933. The states approved it in less than 10 months.
Back then
Congress chose state conventions instead of state legislatures to ratify this amendment. Many people believed legislators were more open to pressure from groups that supported Prohibition. Voters elected convention delegates who had mostly promised in advance how they would vote.
Words that changed
- “conventions”
ThenMeetings of delegates chosen for one purpose.
NowSame meaning. This is the only amendment ever ratified this way.
Key cases
- 1976
Craig v. Boren
Oklahoma could not set a higher age for men than for women to buy low-alcohol beer, because that violated equal protection.
- 2005
Granholm v. Heald
States cannot let in-state wineries ship directly to customers while blocking out-of-state wineries from doing the same.
More history and context
The Twenty-First Amendment was ratified on December 5, 1933. It ended almost 14 years of national Prohibition. It is the only amendment ratified by special state conventions instead of state legislatures. Congress chose this method because many believed legislators were more open to pressure from groups that supported Prohibition.
Section 2 lets states control alcohol within their borders. Some states and counties stayed "dry," meaning they banned alcohol sales, under this section. The mix of different state and local alcohol laws today comes from it.
States' power over alcohol still has limits. In Granholm v. Heald (2005), the Court said states cannot treat out-of-state wineries worse than in-state ones. Other parts of the Constitution, such as equal protection, also still apply.
Quick check
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