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U.S. Const. amend. XVIII | U.S. Constitution (Georgia Annotations)

CONSTITUTION OF THE UNITED STATES OF AMERICA

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ARTICLE VII. [Ratification and Establishment]

[Amendment XVIII]

Section 1.

[National Liquor Prohibition]

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation 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.

[Power to Enforce This Article]

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3.

[Ratification within Seven Years]

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, within seven years from the date of the submission hereof to the States by the Congress.

Editor's notes.

- U.S. Const., amend. 18 has been repealed by U.S. Const., amend. 21.

Law reviews.

- For comment, "Cruel and Unusual Punishment: Confining Juveniles with Adults After Graham and Miller," see 61 Emory L. J. 1445 (2012). For note, "ERA: The Effect of Extending the Time for Ratification on Attempts to Rescind Prior Ratifications," see 28 Emory L.J. 71 (1979).

JUDICIAL DECISIONS

Effect of U.S. Const., amend. 21. - United States Const., amend. 21 took away the power to continue prosecutions begun under the National Prohibition Act before repeal of U.S. Const., amend. 18, or to enforce judgments of conviction which had not become final prior to ratification. Hosier v. Aderhold, 71 F.2d 422 (5th Cir. 1934).

Whatever power was granted by U.S. Const., amend. 18 was recalled by U.S. Const., amend. 21 and, with the recall of the power, necessarily fell acts of Congress adopted thereunder. Green v. Page, 9 F. Supp. 844 (S.D. Ga. 1935).

U.S. Const. 21 is prospective.

- United States Const., amend. 21 is prospective and does not apply retroactively to a case where a prosecution has been completed and a valid judgment entered before its adoption. Hosier v. Aderhold, 71 F.2d 422 (5th Cir. 1934).

RESEARCH REFERENCES

ALR.

- Presence of liquor in vehicle at the time of search and seizure as condition of forfeiture for violating prohibition la, 71 A.L.R. 911.