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Twenty-first Amendment to the United States Constitution facts for kids

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The Twenty-first Amendment document in the National Archives

The Twenty-first Amendment (also called Amendment XXI) is a part of the United States Constitution. It is special because it canceled out an earlier amendment, the Eighteenth Amendment to the United States Constitution. That earlier amendment had made it illegal to make, sell, or transport alcoholic drinks across the entire country.

Congress suggested the Twenty-first Amendment on February 20, 1933. States officially approved it on December 5, 1933. This amendment is the only one of the 27 U.S. Constitution amendments to ever cancel another. It is also the only one approved by special meetings in each state, called state ratifying conventions, instead of by state legislatures.

The Eighteenth Amendment, which started Prohibition, became law on January 16, 1919. This happened after many years of effort by groups who wanted to stop people from drinking alcohol. However, many Americans still found ways to get alcohol. This led to illegal sales and helped criminal groups grow. By the 1920s, many people felt that Prohibition was not working. A strong movement grew to cancel the Eighteenth Amendment, which led to the Twenty-first Amendment in 1933.

The Twenty-first Amendment has three main parts.

  • Section 1 clearly states that the Eighteenth Amendment is no longer valid.
  • Section 2 says that states can make their own rules about alcohol. It bans bringing alcohol into states or areas where it is against their local laws. Even after the national ban ended, some states and communities chose to remain "dry." This means they still had laws against selling or buying alcohol. Today, many local areas still have rules about alcohol sales.
  • Section 3 set a time limit for states to approve the amendment. It said that if enough states did not approve it within seven years, it would not become part of the Constitution. This time limit was met.

What the Amendment Says

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 The eighteenth article of amendment to the Constitution of the United States is hereby repealed.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

Why the 21st Amendment Was Needed

The Eighteenth Amendment started a time called Prohibition. During this time, it was illegal to make, sell, or transport alcoholic drinks. This amendment was a big win for the temperance movement in 1919. However, many people quickly disliked it.

Crime increased during Prohibition. Criminals, like Al Capone in Chicago, became very rich from selling alcohol illegally. The government found it almost impossible to stop these activities. Enforcing the Volstead Act, which put Prohibition into action, was very difficult. There were also many problems with law enforcement at the time.

In 1932, a rich businessman named John D. Rockefeller Jr. wrote a letter. He said that he had hoped Prohibition would work and that people would stop drinking. But he realized it had not. Instead, he felt that more people were drinking, illegal bars had replaced legal ones, and respect for the law had gone down. He also noted that crime had reached new levels.

As more Americans opposed the Eighteenth Amendment, a political movement grew to cancel it. Changing the Constitution is usually done by state legislatures. However, many believed that state lawmakers were afraid of the temperance groups. So, a different way to approve the amendment was chosen.

How the Amendment Was Proposed and Approved

Congress officially suggested the Twenty-first Amendment on February 20, 1933. This was done through a law called the Blaine Act.

The proposed amendment was approved on December 5, 1933. It is the only amendment in U.S. history to be approved by special state meetings, called state ratifying conventions. These meetings were specifically chosen for this purpose.

The Twenty-first Amendment became effective on December 5, 1933. This officially ended the national ban on alcohol. The Acting Secretary of State, William Phillips, confirmed that enough states had approved the amendment. This happened just 17 minutes after Utah's state convention approved it.

President Roosevelt then made an announcement. He hoped that Americans would use good judgment and not drink too much. He said the goal was to encourage everyone to be more moderate. News reports at the time predicted that ending Prohibition would create 500,000 new jobs.

The amendment was officially added to the U.S. Constitution when Utah's state convention unanimously approved it.

What Happened After the Amendment

State and Local Rules

After the Twenty-first Amendment, states gained the power to control alcohol within their borders. Mississippi was the last state to keep a full ban on alcohol. In August 1966, many counties in Mississippi voted to allow alcohol sales. Kansas did not allow public bars until 1987.

Today, many states let their cities or counties decide their own alcohol rules. This means that some towns or counties might still have strict rules or even bans on alcohol sales.

Related Topics

  • Alcoholic beverage control state
  • List of dry communities by U.S. state

See also

Kids robot.svg In Spanish: Vigesimoprimera Enmienda a la Constitución de los Estados Unidos para niños

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