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Topic: 21st Amendment


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  Encyclopedia :: encyclopedia : Constitutional amendment   (Site not responding. Last check: 2007-11-01)
On the other hand, an amendment to the constitution of the US state of Massachusetts must first be endorsed by a special majority in the legislature during two consecutive terms, and is then submitted to a referendum.
Amendments are often totally forbidden during a state of emergency or martial law.
Amendments to the constitution of the US are appended to the end of the original text, as are those to the constitution of Venezuela.
www.hallencyclopedia.com /Constitutional_amendment   (1306 words)

  
 LII: Constitution
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
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.
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.
www.law.cornell.edu /constitution/constitution.amendmentxxi.html   (90 words)

  
 Twenty-first Amendment to the United States Constitution - Wikipedia, the free encyclopedia
Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition.
This Amendment is thus far the only case, besides the initial ratification of the original Constitution, in which state conventions, specially selected for the purpose—not state legislatures—ratified the amendment.
Boren (1976), the Supreme Court found that analysis of the Equal Protection Clause of the Fourteenth Amendment had not been changed by the passage of the 21st Amendment.
en.wikipedia.org /wiki/Twenty-first_Amendment_to_the_United_States_Constitution   (366 words)

  
 Constitutional amendment - One Language   (Site not responding. Last check: 2007-11-01)
Some jurisdictions require that an amendment be approved by the legislature on two separate occasions during two separate but consecutive terms, with a general election in the interim.
In the constitutions of some federations and confederations there are special provisions to ensure that amendments receive the support of the component states.
Article V of the United States Constitution, ratified in 1788, prohibited any amendments before 1808 which would affect slavery, and further provided that "no state, without its consent, shall be deprived of it's [sic] equal suffrage in the Senate" at any time.
www.onelang.com /encyclopedia/index.php/Constitutional_amendment   (1183 words)

  
 Constitutional Amendments - The U.S. Constitution Online - USConstitution.net
These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions.
The amendment as passed may specify whether the bill must be passed by the state legislatures or by a state convention.
Amendments are sent to the legislatures of the states by default.
www.usconstitution.net /constam.html   (1047 words)

  
 Notes on the Amendments - The U.S. Constitution Online - USConstitution.net
The ratification of the 13th Amendment was a major victory for the North, and it was hoped that with the Emancipation Proclamation and the 13th Amendment, the effects of slavery in the United States would quickly diminish.
Though ratification of the 15th Amendment was not a requirement for readmittance to the Congress of the Confederate states, one of the provisions of the Reconstruction Acts required that the states include a provision in their new constitutions that included a near-copy of the text of the 15th.
Anthony later used the 15th Amendment as rationale for voting in a New York election, and though she was tried and fined for voting, the ordeal proved an impetus for the eventual guarantee of voting rights for women.
www.usconstitution.net /constamnotes.html   (4350 words)

  
 Amendments to the Constitution of the United States
Amendment XI (The proposed amendment was sent to the states Mar. 5, 1794, by the Third Congress.
Amendment XV (The proposed amendment was sent to the states Feb. 27, 1869, by the Fortieth Congress.
Amendment XX (The proposed amendment, sometimes called the “Lame Duck Amendment,” was sent to the states Mar. 3, 1932, by the Seventy-second Congress.
www.infoplease.com /ipa/A0749825.html#A0749845   (2080 words)

  
 The Volokh Conspiracy - WINE WARS, PART 2--21ST AMENDMENT TEXT:   (Site not responding. Last check: 2007-11-01)
The 21st Amendment, as we will see, was intended to deal with the narrow but difficult problem of transitioning from the federal prohibition regime under the 18th Amendment to the post-Prohibition world after the 21st Amendment repealed prohibition.
Given the absurd consequences that would flow from an expansive interpretation of the 21st Amendment, it is reasonable to assume that contrary to the interpretation imposed in Young's Mkt., the framers of the 21st Amendment did not intend to eliminate all constitutional limits on the states' regulatory authority.
Whatever the 21st Amendment does, therefore, there is no evidence that it was intended to overturn one of the fundamental purposes of the Constitution, which was to eliminate internal trade barriers that plagued the country under the Articles of Confederation.
volokh.com /posts/1092237085.shtml   (1129 words)

  
 EH.Net Encyclopedia: Alcohol Prohibition
Under this amendment and the Volstead Act, which provided for the enforcement of Prohibition, the manufacture, transportation, and sale of alcohol were prohibited by federal law.
The Amendment was popular for many years, but beginning in the late 1920s support began to erode.
In 1933 the 21st Amendment repealed the 18th, ending Prohibition.
www.eh.net /encyclopedia/?article=miron.prohibition.alcohol   (2808 words)

  
 Online NewsHour: The Battle Over Same Sex Marriage -- Amending the Constitution
Twelve amendments were added during the 20th century, and none in the 21st.
In 1933, the 21st Amendment was ratified, repealing the 18th Amendment.
Amendments are so few and far between because the process to change the Constitution is a long and difficult one.
www.pbs.org /newshour/bb/law/gay_marriage/amending.html   (448 words)

  
 21st_amendment - Boston.com   (Site not responding. Last check: 2007-11-01)
In the old days, 21st Amendment was a luxurious hotel, where people like Louisa May Alcott and Alexander Graham Bell stayed.
21st Amendment is known for its delicious baked potato soup.
Overall the 21st Amendment earns a gold plate, and that's an excellent dining experience.
boston.com /news/necn/Shows/tv_diner/restaurant_reviews/21st_amendment   (286 words)

  
 LII: Constitution
Amendment XII [Election of President and Vice-President (1804)]
Amendment XIV [Privileges and Immunities, Due Process, Equal Protection, Apportionment of Representatives, Civil War Disqualification and Debt (1868)]
Amendment XV [Rights Not to Be Denied on Account of Race (1870)]
www.law.cornell.edu /constitution/constitution.table.html   (145 words)

  
 The 21st Amendment
Less than a year after the Twenty-First Amendment was submitted for ratification, the necessary thirty-sixth state ratified the amendment at 5:32 PM on December 5, 1933.
The 21st amendment to the United States Constitution was passed by Congress on February 20, 1933, and was ratified by the states, thereby taking effect on December 5, 1933.
The 21st amendment brought an end to the 13 year "Great Experiment" that America was under.
www.albany.edu /~wm731882/21st_amendment_final.html   (434 words)

  
 Twenty-first Amendment to the United States C... - Wikipedia, the free encyclopedia
Please search for Twenty-first Amendment to the United States C...
Start the Twenty-first Amendment to the United States C...
Look for "Twenty-first Amendment to the United States C...
en.wikipedia.org /wiki/Twenty-first_Amendment_to_the_United_States_C...   (185 words)

  
 FindLaw: U.S. Constitution: Twenty-First Amendment
Twenty-first Amendment and Commerce Clause principles are to be harmonized where possible.
In the light of the cases enumerated in the preceding paragraph, wherein the Twenty-first Amendment was construed as according a plenary power to the States, such extended emphasis on the police power and the commerce clause would seem to have been unnecessary.
Virginia, 18 wherein, without even considering that Amendment, a majority of the Court upheld, as not contravening the commerce clause, statutes regulating the transport through the State of liquor cargoes originating and ending outside the regulating State's boundaries.
caselaw.lp.findlaw.com /data/constitution/amendment21   (2923 words)

  
 Constitution for the United States of America
Article the third [Amendment I] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Article the twelfth [Amendment X] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.
www.constitution.org /cons/constitu.htm   (4802 words)

  
 FindLaw Constitutional Law Center: U.S. Constitution: Twenty-First Amendment
Virginia,18 wherein, without even considering that Amendment, a majority of the Court upheld, as not contravening the commerce clause, statutes regulating the transport through the State of liquor cargoes originating and ending outside the regulating State's boundaries.
To the State's Twenty-first Amendment argument, the Court replied that the Amendment ''primarily created an exception to the normal operation of the Commerce Clause'' and that its ''relevance.
The Twenty-first Amendment of itself did not, it was held, bar a prosecution under the Sherman Antitrust Act of producers, wholesalers, and retailers charged with conspiring to fix and maintain retail prices of alcoholic beverages in Colorado.
supreme.lp.findlaw.com /constitution/amendment21   (2906 words)

  
 21st Amendment Enforcement Act
Amendment Enforcement Act,” as amended by Senator Dianne Feinstein (D-Calif.).
Amendment with other constitutional rights such as the commerce clause, the due process clause, and the First Amendment.
Amendment and not inconsistent with any other provision of the Constitution.
wineinstitute.org /programs/shipwine/current_events/21st_amendment_.htm   (437 words)

  
 George Mason University School of Law Working Papers Series
The purpose of the 21st Amendment was to reverse the 18th Amendment’s disastrous experiment with federal Prohibition, and thereby to restore the balance between state and federal power that had existed prior to the 18th Amendment.
As a result, the 21st Amendment removed the federal government from meddling in local affairs, but did not cede a novel and unnecessary power to the States to meddle in the federal government’s traditional control over interstate commerce.
In other words, the 21st Amendment enabled dry States to remain dry if they so chose, but it did not empower wet states to engage in economic warfare against the products of other wet States.
law.bepress.com /gmulwps/gmule/art2   (448 words)

  
 Wine Institute Statement: President Signs '21st Amendment Enforcement Act'
With the passage of S. 577, including the Feinstein amendment, Congress and the President for the first time have recognized that the powers vested in the states by the 21st Amendment are not absolute.
This mirrors the last 35 years of Supreme Court interpretation of limited state power under the 21st Amendment, requiring the courts to balance state authority under the 21st Amendment with other constitutional rights such as the commerce clause, the due process clause, and the First Amendment.
Therefore, in order to gain injunctive relief, a state Attorney General must prove that state law has been violated, and that the law is a valid exercise of power under the 21st Amendment and not inconsistent with any other provision of the Constitution.
www.prnewswire.com /cgi-bin/stories.pl?ACCT=104&STORY=/www/story/10-29-2000/0001351768&EDATE=   (456 words)

  
 Bill: HR 2031 RH, Twenty-First Amendment Enforcement Act, 7/20/99.
Amendment in the Nature of a Substitute to HR 2031 Offered by Rep. Scarborough (R-FL).
Editor's Note: The Committee adopted an amendment which changed the words "the court shall issue" to "the court may issue".
Editor's Note: This Lofgren Amendment was ruled not germane by the Chair.
www.techlawjournal.com /cong106/alcohol/hr2031hjc.htm   (957 words)

  
 DINING OUT / Beer and Burgers Down Pat / 21st Amendment serves up the right combination
Beer and burgers are two of the saving graces of 21st Amendment, a brew pub that opened in July within the shadows of Pacific Bell Park.
The 21st Amendment -- if you're not a Constitution buff, that's the article that repealed Prohibition -- is no ordinary brew pub.
Beer is the drink of choice at 21st Amendment, and the brews are first-rate.
www.sfgate.com /cgi-bin/article.cgi?file=/chronicle/archive/2000/11/19/PK119757.DTL&type=food   (1196 words)

  
 Congress Passes 21st Amendment Enforcement Act   (Site not responding. Last check: 2007-11-01)
By a vote of 95 to 0, the U.S. Senate passed S. 577, the 21st Amendment Enforcement Act.
The 21st Amendment Enforcement Act gives your state Attorney General the ability to go into federal court and seek injunctive relief against those engaged in the act of the interstate shipment of licensed beverages in violation of state law.
This is the first time in recent memory that the legislative branch of the federal government has acted to strengthen the 21st Amendment.
www.alabev.com /21stamnd.htm   (228 words)

  
 Supreme court resolves clash between commerce clause and 21st amendment   (Site not responding. Last check: 2007-11-01)
He observed that the broader language of the Amendment more "naturally encompasses discriminatory state laws" than the Webb-Kenyon Act itself, and thus, readily accommodates the challenged State statutes.
That is because if the competing contentions of a Constitutional Amendment cannot fend off the broad sweep of the dormant Commerce Clause, the Court's tolerance for the encumbering of out-of-state interests in favor of in-state interests, is as narrow as a drop of wine.
Dias, 468 U.S. 263 (1984), which Justice Thomas described as "the only decision of this Court holding that the Twenty-first Amendment does not authorize the in-state regulation of imported liquor free of the negative Commerce Clause." According to Justice Thomas' dissent, Bacchus should be overruled.
www.msi-network.com /content/cmsdoc461.asp   (1104 words)

  
 Backgrounder
Targets for Constitutional Amendments are quite impressive, so just imagine what big news alcohol was in the days of the 18th and 21st Amendment (The 22nd amendment, in 1951, limited the president to two terms or to a maximum of ten years in office).
The common understanding of what the 21st Amendment means is that the individual states have the absolute power to regulate and control alcoholic beverages in their own boundaries, and that the federal government must take a "hands off" approach when dealing with state control of such products.
In its ruling, the court held that the Twenty-First Amendment to the US Constitution did not authorize such a tax exemption, since the central purpose of the Amendment was not to empower States to favor their local liquor industry by erecting barriers to competition.
www.wineinstitute.org /shipwine/backgrounder/backgrounder.htm   (3385 words)

  
 firstamendmentcenter.org: news
The plaintiffs further argue that the ordinance is "content-based and constitutes a prior restraint on protected activity" contrary to the First Amendment and the free-speech provision of the Georgia Constitution.
LaRue, the U.S. Supreme Court held that the 21st Amendment, which repealed prohibition and gave states power to regulate alcoholic beverages, supported the right of the state of California to prohibit the sale of alcohol at a nude-dancing establishment.
The high court said that Rhode Island's categorical ban on the advertising of liquor prices violated the First Amendment and that the 21st Amendment would not save the law.
www.firstamendmentcenter.org /news.aspx?id=7625   (503 words)

  
 Brookston Beer Bulletin » Blog Archive » 21st Amendment Preparing to Can Their Beer
Shaun O’Sullivan, the brewmaster at 21st Amendment brewpub in San Francisco, has been extolling the virtues of canned beer for many months now, maybe longer.
Now 21st Amendment’s name can be added to the list.
Here’s two more Quicktime movies of the 21st Amendment cans on the line and then a closeup of them moving tha almost resembles an optical illusion.
www.brookston.org /beer/?p=142   (3029 words)

  
 How to Party Like A Politician During Boston's 2004 Democratic National Convention
Continuing to host local politicians, lobbyists, and legislative aides from across the street, the 21st is packed with politico’s during busy luncheon and after-work hours where the hidden gems now are the daily specials.
The 21st is located at 150 Bowdoin Street, across from the State House in Boston.
Current locations include Peking Tom's in Downtown Crossing (www.pekingtom.com), The Blarney Stone in Dorchester (www.blarneystoneboston.com), The 21st Amendment in Beacon Hill (www.21stboston.com), The Paramount on Charles Street (www.paramountboston.com), and West on Centre in West Roxbury (www.westoncentreboston.com).
www.emediawire.com /releases/2004/7/prweb141263.htm   (605 words)

  
 The Constitution of the United States of America
Virginia,\18\ wherein, without even considering that Amendment, a majority of the Court upheld, as not contravening the commerce clause, statutes regulating the transport through the State of liquor cargoes originating and ending outside the regulating State's boundaries.\19\ \15\308 U.S. \16\Id. at 138.
In an action attacking the validity of the regulations as applied to ban nude dancing in bars, the Court considered at some length the material [[Page 1983]] adduced at the public hearings which resulted in the rules demonstrating the anti-social consequences of the activities in the bars.
Moreover, the Court continued, the second section of the Twenty-first Amendment gave an ``added presumption in favor of the validity'' of the regulations as applied to prohibit questioned activities in places serving liquor by the drink.\33\ \31\409 U.S. \32\Cf.
www.gpoaccess.gov /constitution/html/amdt21.html   (2050 words)

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