---
title: U.S. Const. Amend. XVIII. Prohibition of the Manufacture, Sale, or Transportation of Liquor
collection: code
id: us-const:amend-xviii
cite_as: U.S. Const. Amend. XVIII
canonical_url: https://georgiacommons.org/constitution/us/amend-xviii
md_url: https://georgiacommons.org/constitution/us/amend-xviii.md
text_url: https://georgiacommons.org/constitution/us/amend-xviii/text
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date: 2025
status: repealed
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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---

# U.S. Const. Amend. XVIII. Prohibition of the Manufacture, Sale, or Transportation of Liquor

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

Section 1. 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. 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, 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U.S. Const., amend. 18 has been repealed by U.S. Const., amend. 21.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 note, “ERA: The Effect of Extending the Time for Ratification on Attempts to Rescind Prior Ratifications,” see 28 Emory L.J. 71 (1979).

For comment, “Cruel and Unusual Punishment: Confining Juveniles with Adults After Graham and Miller,” see 61 Emory L. J. 1445 (2012).

For article, “Prohibitive Failure: The Demise of the Ban on Sports Betting,” see 35 Ga. St. U.L. Rev. 329 (2019).

## 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, 1934 U.S. App. LEXIS 3116 (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, 1935 U.S. Dist. LEXIS 1918 (S.D. Ga. 1935).

## Prospective Application.

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, 1934 U.S. App. LEXIS 3116 (5th Cir. 1934).

## No Double Jeopardy Found.

General principles of double jeopardy did not bar the defendant’s retrial on the malice murder charge because the verdicts were repugnant and, thus, failed to result in an event that terminated jeopardy, akin to a situation in which a mistrial is declared after a jury could not reach a verdict. McElrath v. State, 315 Ga. 126, 880 S.E.2d 518, 2022 Ga. LEXIS 296 (2022), rev’d, 601 U.S. 87, 144 S. Ct. 651, 217 L. Ed. 2d 419, 2024 U.S. LEXIS 997 (2024), vacated in part, reaff’d, 319 Ga. 539, 905 S.E.2d 654, 2024 Ga. LEXIS 165 (2024).

## Alr.

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