Notes
1 The Prohibition Backdrop
1
The use of the term "noble experiment" to describe prohibition origi-
nated with Herbert Hoover. See Public Papers of the Presidents of the
United States: Herbert Hoover, 1929, at 511 (1974) (address accepting the
nomination of the 1928 Republican Convention): "I recently stated my
position on the 18th Amendment, which I again repeat. . . . Our country
has deliberately undertaken a great social and economic experiment, no-
ble in motive and far-reaching in purpose.
It
must be worked out construc-
tively."
2
The text of the amendment is reproduced below:
Section
1.
After one year from the ratification of this article the manu-
facture, sale, or transportation of intoxicating liquors within, the impor-
tation thereof into, or the exportation thereof from the United States and
all territory subject to the jurisdiction thereof for beverage purposes is
hereby prohibited.
Section 2. The Congress and the several States shall have concurrent
power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures of the
several states, as provided in the Constitution to the states by the Con-
gress.
3
The text of the Twenty-first Amendment reads as follows:
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the United States is hereby repealed.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 intox-
icating 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.
4
See South Dakota v. Dole. 483 U.S. 203 (1987) (upholding congres-
sional power to condition federal highway funds on raising the legal age
for purchasing intoxicating liquors).
5
Aaron and Musto, Temperance and Prohibition in America in Alco-
hol and Public Policy: Beyond the Shadow of Prohibition 127, 176 (Moore
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