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The 21st Amendment to the Constitution repeals the 18th Amendment, ending the nationwide prohibition of alcohol. It also prohibits transporting alcohol into any state where it violates that states laws.

1933

The year this amendment was ratified in.

What is a constitutional amendment?

A constitutional amendment alters the Constitution of the United States by striking or inserting new language. The Constitution establishes the structure, powers, and responsibilities of the federal government. It has been formally amended 27 times.

The constitutional amendment process is as follows:

Step 1

Two-thirds vote

An amendment may be proposed by a two-thirds vote in both the House of Representatives and the Senate or by a constitutional convention called by two-thirds of state legislatures.

Step 2

Three-fourths ratification

Once proposed, the archivist of the United States submits the amendment to the states for consideration. It becomes part of the Constitution once it is ratified by three-fourths of the states.

Full text of the 21st Amendment

"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 The eighteenth article of amendment to the Constitution of the United States is hereby repealed.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."

When did the states ratify the 21st Amendment?

Congress proposed this amendment on February 20, 1933. Ratification was completed on December 5, 1933, when the 36th state, Utah, approved the amendment, with 48 states in the Union at the time. Michigan was the first state to approve, 49 days after the amendment was proposed. Montana was the last state to approve, 532 days after the amendment was proposed.

Utah completed ratification of the 21st Amendment.

Date of ratification by state, 21st Amendment

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How has the 21st Amendment shaped Supreme Court rulings?

The Supreme Court has the power of judicial review, which is the authority to declare that federal or state government actions violate the Constitution. This power shows how individual amendments can have a lasting impact on how laws are interpreted and applied.

Under judicial review, there have been two cases where the Court struck down laws as unconstitutional using the 21st Amendment.

Supreme Court cases invoking this amendment

Cases, 1798–2021

Supreme Court cases invoking this amendment
CaseYear

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Methodology

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USAFacts endeavors to share the most up-to-date information available. We sourced the data on this page directly from government agencies; however, the intervals at which agencies publish updated data vary.