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1 1 (June 26, 2023)

handle is hein.crs/govemau0001 and id is 1 raw text is: Congressional ______ SA Research Service The Eighteenth Amendment and National Prohibition, Part 6: Supreme Court Cases June 26, 2023 This Legal Sidebar post is the sixth in a seven-part series that discusses the Eighteenth Amendment to the Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale, or transportation of intoxicating liquors for beverage purposes within the United States. Section 2 of the Amendment granted Congress and the state legislatures concurrent power to enforce nationwide Prohibition by enacting appropriate legislation. The Eighteenth Amendment was partly a response to the Supreme Court's pre-Prohibition Era Commerce Clause jurisprudence, which limited the federal and state governments' power over the liquor traffic. As such, the Eighteenth Amendment's history provides insight into the judicial evolution of the Commerce Clause, which operates as both a positive grant of legislative power to Congress and a limit on state authority to regulate commerce. Additional information on this topic will be published in the Constitution Annotated: Analysis and Interpretation of the U.S. Constitution. The Eighteenth Amendment and the Supreme Court Prohibition took effect throughout the United States on January 17, 1920, which was one year after the states ratified the Eighteenth Amendment. Beginning with the consolidated National Prohibition Cases in 1920, the Supreme Court outlined the Eighteenth Amendment's scope and the federal and state governments' concurrent powers to enforce it. The Court also confronted questions about whether the circumstances of the Eighteenth Amendment's proposal and ratification violated the requirements of Article V of the Constitution. The Court rejected these Article V challenges, determining that the Amendment had become a part of the Constitution and was to be respected and given effect the same as other provisions of that instrument. Scope of the Eighteenth Amendments Prohibition A few months after Prohibition took effect, the Supreme Court confirmed its sweeping scope. In the National Prohibition Cases, the Court upheld the Eighteenth Amendment and provisions of the Volstead Act against various legal challenges. The Court determined that Section 1 of the Amendment, which barred the manufacture, sale, or transportation of alcohol for beverage purposes, established Prohibition Congressional Research Service https://crsreports.congress.gov LSB10990 CRS Legal Sidebar Prepared for Members and Committees of Congress

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