The temperance movement led to the 18th Amendment, which banned the sale and transportation of alcohol in the US. This led to a black market and increased crime. The 21st Amendment repealed the 18th, making alcohol legal again. It was ratified by state convention and remains the only amendment to repeal an earlier one.
During the early part of the 20th century, the temperance movement succeeded in passing the 20th Amendment to the United States Constitution, which made it illegal to make, sell, or transport intoxicating liquor. Less than 18 years later, the 15th amendment was repealed by the passage of the 18th amendment. Although there are a number of laws governing the manufacture, sale and consumption of alcohol in the United States, alcohol has remained legal since the passage of the 21st amendment.
To understand the purpose of the 21st amendment, one must first look at the history of the 18th amendment. By the early 20th century, a movement was taking root that would come to be known as the temperance movement. The temperance movement in the United States began in the early 1920s as a predominantly religious and moral philosophy. Members of the temperance movement believed that overindulgence in alcohol was harmful to both an individual’s physical and psychological health. At the beginning of the temperance movement, the philosophy was simply “temperance” – not abstinence – which meant consuming in moderation.
By the turn of the century, the movement had gained momentum for a variety of reasons. The country was recovering from the devastating effects of the civil war. Additionally, many women have become very vocal opponents of alcohol and the effects it has on marriage and family. Alcohol education had even made its way into many school curricula. In 1917, an amendment was proposed that would have completely banned the manufacture, sale, or carriage of any “intoxicating drink.”
The proposal passed both the House of Representatives and the Senate in December 1917, starting a period in US history known as Prohibition. Interestingly, the 18th amendment did not actually ban the consumption of alcohol. Instead, it simply made the legal purchase of alcohol impossible, which ultimately led to a huge black market for alcohol.
The practical result of the 18th amendment was that prisons were filled to capacity, as law-abiding citizens were turned into criminals as they bought clandestine booze or made their own. This has created a lucrative business for real criminals, as the demand for alcohol has not decreased despite the ban. Many criminals have made a lot of money by transporting the illegal liquor across the country.
The 21st amendment, therefore, was finally proposed in February of 1933, which called for the repeal of the 18th amendment. Many of the states were still fearful of the political power held by the temperance movement, which resulted in the 21st amendment being ratified by state convention rather than state legislatures, thus allowing politicians to remain neutral. The state convention method allows registered voters to decide, rather than legislators, and has only been used once for the ratification of the 21st amendment. The amendment was adopted in December of 1933 and, as of 2011, remains the only amendment to repeal an earlier amendment.
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