THE 21ST AMENDMENT

Sofia Nguyen * Block 4* Rodgers

Repeal of Prohibition Amendment

The Twenty- First Amendment (1933) repeals the Eighteenth Amendment. It is the only amendment ever passed to overturn an earlier amendment. It is also the only ratified by special state conventions instead of state legislatures.

Court Case!

Michigan and New York laws allowed in-state wineries to ship alcohol to consumers, but restricted out-of-state wineries to do so. The laws violated the Commerce Clause, which prohibited the practice of protecting in-state economic interest by discrimination against out-of-state economic interest. The 21st amendment could not support the laws so it was unconstitutional.

Court Case Scenario!

It was the year 1933, a week after the prohibition was repealed. Company B has been producing and selling alcohol for years. When Company B was caught selling alcohol in secret, they argued that they didn't break the law because it was repealed by the 21st Amendment. The outcome was 7 to 2, seven votes for them and two votes against them. It was constitutional because the 18th Amendment was eventually repealed.

Citations

GRANHOLM v. HEALD. The Oyez Project at IIT Chicago-Kent College of Law. 05 December 2014. <http://www.oyez.org/cases/2000-2009/2004/2004_03_1116>.

Castanias, Gregory A. "Jones Day | The Supreme Court's Granholm v. Heald Decision: What It Means for Interstate Wine Shipping." Jones Day | The Supreme Court's Granholm v. Heald Decision: What It Means for Interstate Wine Shipping. N.p., n.d. Web. 11 Dec. 2014.

Rhodes, Calabrea. "Amendments 21-27 - A Haiku Deck by Calabrea Rhodes."Presentation Software That Inspires. N.p., n.d. Web. 11 Dec. 2014.

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