united-states us-constitution alcohol
If the 21st Amendment was repealed, would Prohibition go back into effect?
<p>The 18th Amendment prohibited alcoholic beverages; the 21st repealed the 18th. If the 21st Amendment was repealed, would that &quot;un-repeal&quot; the 18th Amendment and reinstate Prohibition?</p>

<p>Since one of the things that the 21st amendment does is repeal that Amendment, the 18th Amendment would again be a valid part of the Constitution (until SCOTUS says otherwise). Also note that prior to repeal of the 18th Amendment, the restrictions were lightened e.g. via the <a href="https://govtrackus.s3.amazonaws.com/legislink/pdf/stat/48/STATUTE-48-Pg16.pdf" rel="nofollow noreferrer">Cullen-Harrison Act</a>. In the original instance, enabling legislation had to be passed – <a href="https://govtrackus.s3.amazonaws.com/legislink/pdf/stat/41/STATUTE-41-Pg305a.pdf" rel="nofollow noreferrer">the National Prohibition Act</a>. That act was not formally repealed or amended, it just fell to desuetude. Congress could re-pass enabling legislation like it did the first time. Or, the executive branch could conclude that the National Prohibition Act is good law, it would be enforced, there would be a lawsuit, and SCOTUS would decide.</p>
