Also known as: 21st Amendment · Twenty First Amendment · Amendment XXI · XXI Amendment
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional amendment that repealed nationwide prohibition and authorizes states to regulate the transportation or importation of intoxicating liquors for delivery or use within their borders. The amendment does not grant states unlimited power to enact laws that discriminate against out-of-state economic actors or regulate commerce occurring wholly outside their borders. Limits from the dormant Commerce Clause and other constitutional provisions continue to apply to state alcohol regulations.
Thomas Thompson, an out-of-state beer distributor, challenges a state law requiring him to certify that his in-state prices are no higher than those charged elsewhere. The law forces Thompson to adjust pricing decisions made entirely in other states to maintain access to the local market. The Twenty-First Amendment does not shield the statute because it reaches extraterritorial commerce and violates the dormant Commerce Clause.
Tanya Tang, a state transportation official, seeks federal highway grants that require her state to raise the minimum drinking age to twenty-one. The state legislature enacts the change to receive the funds even though it prefers a lower age. The Twenty-First Amendment does not prevent Congress from using the spending power to attach the alcohol-related condition because the condition relates directly to highway safety.
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Talia Torres owns an out-of-state winery that cannot ship directly to consumers under a state statute allowing only in-state wineries that privilege. Torres must route all orders through a local distributor that adds substantial fees. The Twenty-First Amendment does not justify the origin-based distinction because the law discriminates against interstate commerce in violation of the dormant Commerce Clause.
Tyrone Tran, a state legislator, debates whether to ratify a proposed constitutional amendment repealing prohibition. The legislature completes ratification within months, following the pattern of prior successful amendments. The Twenty-First Amendment takes effect once the required number of states approve it, restoring state authority over liquor regulation.
Tiffany Torres, owner of a liquor store chain, attacks a state ban on price advertising for alcoholic beverages on First Amendment grounds. The state defends the ban by invoking its power under the Twenty-First Amendment to promote temperance. The amendment does not insulate the restriction from ordinary commercial-speech scrutiny when the ban fails to advance the asserted interest in reduced consumption.
Tobias Thomas, a male under twenty-one, seeks to purchase 3.2 percent beer that state law permits only for females of the same age. The state claims the Twenty-First Amendment authorizes gender distinctions in alcohol regulation. The amendment does not override equal-protection requirements when the gender classification lacks a substantial relation to traffic-safety objectives.
No. The amendment authorizes state regulation of liquor importation and use but does not shield laws that discriminate against out-of-state sellers or regulate extraterritorial commerce. Courts continue to apply dormant Commerce Clause scrutiny to such measures.
Yes. Congress may condition federal funds on state adoption of alcohol-related measures such as minimum drinking ages when the conditions relate to the federal interest in the funded program. The amendment does not bar this indirect approach.
No. The amendment does not override equal-protection requirements. Gender classifications in liquor regulations remain subject to intermediate scrutiny and must be substantially related to important governmental objectives.
…important, the statistical surveys offered by the State do not adequately justify the gender distinction. Pp. 197-204. 3. The Twenty-first Amendment does not save the statute from invalidity under the Equal Protection Clause. That Amendment does not allow states to enact gender-discriminatory regulations that would otherwise violate the…