] to
meet the situation which would arise from the failure of both President
elect and Vice President elect to qualify on or before the time fixed
for the beginning of the new Presidential term.

Notes

[1] 62 Stat. 672, 677; 3 U.S.C.A. 19; _See_ p. 388.

AMENDMENT 21

REPEAL OF EIGHTEENTH AMENDMENT

Page
Effect of repeal 1231
Scope of the regulatory power conferred upon the States 1231
Discrimination as between domestic and imported products 1231
Regulation of transportation and "through" shipments 1231
Regulation of imports destined for a federal area 1233
Effect on federal regulation 1233

REPEAL OF EIGHTEENTH AMENDMENT

Amendment 21

Section 1. The eighteenth article of amendment to the
Constitution of the United States is hereby repealed.

Section 2. The transportation or importation into any State,
Territory, or possession of the United States for delivery or use
therein of intoxicating liquors, in violation of the laws thereof, is
hereby prohibited.

Section 3. This article shall be inoperative unless it shall
have been ratified as an amendment to the Constitution by conventions in
the several States, as provided in the Constitution, within seven years
from the date of the submission hereof to the States by the Congress.

Effect of Repeal

The operative effect of section 1, repealing the Eighteenth Amendment,
is considered under the latter amendment.

Scope of the Regulatory Power Conferred Upon the States

DISCRIMINATION AS BETWEEN DOMESTIC AND IMPORTED PRODUCTS

In a series of interpretive decisions rendered shortly after
ratification of this amendment, the Court established the proposition
that States are competent to adopt legislation discriminating against
imported intoxicating liquors in favor of those of domestic origin and
that such discrimination offends neither the commerce clause of article
I nor the equal protection and due process clauses of the Fourteenth
Amendment. Thus, in State Board of Equalization _v._ Young's Market
Co.[1] a California statute was upheld which exacted a $500 annual
license fee for the privilege of importing beer from other States and a
$750 fee for the privilege of manufacturing beer; and in Mahoney _v._
Triner Corp.[2] a Minnesota statute was sustained w