Even law enforcement wanted to repeal Prohibition, thus, the 21st Amendment passed
The repeal of Prohibition marked almost the end of an era, including “bootleggers” and “speakeasies.”
- Paul G. Summers is an attorney. He formerly served as an appellate and senior judge, district attorney general, and attorney general of Tennessee.
Editor's note: This is a regular feature on issues related to the Constitution and civics written by Paul G. Summers, retired judge and state attorney general.
The 21st Amendment to the Constitution repealed the 18th Amendment.
In December 1933, Prohibition was no longer part of our Constitution. The states could regulate the importation or transportation of alcohol within their states, but federal prohibition was no longer a constitutional mandate.
For 14 years Americans debated about the effectiveness of the 18th Amendment. In 1933 they had a chance to repeal the constitutional, federal requirement. The Americans and conventions “…in the several states…” spoke. They wanted to make prohibition a regulatory issue with the states and not the federal government. They made a change.
When Prohibition was repealed, many people who were once considered lawbreakers became “law-abiding citizens.”
'Sin' taxes were a major selling point in repeal
Law enforcement argued that officers could now concentrate on what they considered “real” crime as opposed to alcohol-related “technical” crime.
Many law enforcers wanted a repeal so they could deal with major crimes. Having fairly recently experienced a financial Depression, the possibility of legalized alcohol taxes and revenues was a selling point for ratification of the repeal and the 21st Amendment.
Many people, and members of Congress, who formerly supported Prohibition, now supported the repeal of the 18th Amendment. The mood of the American people was to allow the sale of alcoholic beverages and liquor, but the individual states could and would have authority to regulate.
The repeal of Prohibition marked almost the end of an era, including “bootleggers” and “speakeasies.” It can be said that the only item in life that is constant is change.
We shall continue our study in the next article about the 22nd Amendment. Please continue to read the Constitution and the Declaration of Independence. I promise you that such study is time well spent.
Paul G. Summers is an attorney. He formerly served as an appellate and senior judge, district attorney general, and attorney general of Tennessee. Raised in Fayette County, Judge Summers lives in Holladay and Nashville.