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Transcrição

Today

The 21st Amendment

  • The 21st amendment allows people 21 and over to buy and transport alcohol.
  • People no longer have to drink in secret or go to speakeasies, illegal bars, to consume alcohol.
  • Section 2 also essentially gives total control over alcoholic beverages to the states.

Court Rulings

  • Section 2 has been the source of every Supreme Court ruling directly addressing Twenty-first Amendment issues.
  • In 44 Liquormart, Inc. v. Rhode Island (1996), the Court held states cannot use the Twenty-first Amendment to abridge freedom of speech protections under the First Amendment.
  • Granholm v. Heald (2005) held that the Twenty-first Amendment does not overrule the Dormant Commerce Clause with respect to alcohol sales, and therefore states must treat in-state and out-of-state wineries equally.
  • etc...

Why it happened (cntd.)

  • The crime rate soared exponentially during Prohibition.
  • Gangsters, such as Al Capone, became rich because of the violent black market for alcohol.
  • The Volstead Act, which was supposed to carry out the eighteenth amendment, proved nearly impossible to enforce
  • As opposition to the eighteenth amendment grew, so did the movement to repeal it.
  • It was repealed on December 5th, 1933

Why it happened

What it is

  • The eighteenth amendment of the constitution ushered in a period of time called Prohibition.
  • During this time, the manufacture, distribution, and sale of alcoholic beverages was illegal.
  • This was considered a crowning achievement of the temperance movement, but it quickly became highly unpopular.
  • The 21st amendment was ratified in order to repeal the 18th amendment.
  • It was proposed on February 20th, 1933 by Senator John Blaine of Wisconsin.
  • It passed on December 5th, 1933.
  • Franklin D. Roosevelt was the President of the United States during the ratification of the 21st amendment.
  • The Twenty-first Amendment is the only constitutional amendment ratified by state conventions rather than by the state legislatures.

President Franklin D Roosevelt

Senator John Blaine

Section 3

Section 1

Section 2

Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

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

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.

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