III 

110TH CONGRESS 

2D SESSION S. RES. 551 

Celebrating 75 years of successful State-based alcohol regulation. 

IN THE SENATE OF THE UNITED STATES 

MAY 6, 2008 

Mr. BAUCUS (for himself, Mr. BARRASSO, Mr. ALLARD, Mr. BURR, Mr. CARPER, Ms. COLLINS, Mr. DORGAN, Mr. STEVENS, Mr. SUNUNU, Mr. TESTER, Mr. VITTER, Ms. SNOWE, Mr. COBURN, Mr. THUNE, Mr. BUNNING, 

and Mr. GRAHAM) submitted the following resolution; which was referred 

to the Committee on the Judiciary 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Committee discharged; considered and agreed to 

RESOLUTION 

Celebrating 75 years of successful State-based alcohol 

regulation. 

Whereas, throughout the history of the United States, alcohol 

has been consumed by the people of the United States 

and has been regulated by government; 

Whereas, before the passage of the 18th amendment to the 

Constitution of the United States (commonly known as 

‘‘National Prohibition’’), abuses and insufficient regulation resulted in irresponsible overconsumption of alcohol; 

Whereas the passage of the 18th amendment, which prohibited ‘‘the manufacture, sale, or transportation of intoxiVerDate Aug 31 2005 07:44 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR551.ATS SR551

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SRES 551 ATS 

cating liquors’’ in the United States, resulted in a dramatic increase in illegal activity, including unsafe black 

market alcohol production, a growth in organized crime, 

and increasing noncompliance with alcohol laws; 

Whereas the platforms of the 2 major political parties in the 

1932 presidential campaign advocated ending National 

Prohibition by repealing the 18th amendment; 

Whereas, on February 20, 1933, the second session of the 

72nd Congress submitted to conventions of the States the 

question of repealing the 18th amendment and adding 

new language to the Constitution requiring the transportation or importation of alcoholic beverages for delivery 

or use in any State to be carried out in compliance with 

the laws of that State; 

Whereas, on December 5, 1933, Utah became the 36th State 

to approve what became the 21st amendment to the Constitution of the United States, making the ratification of 

the 21st amendment the fastest ratification of a constitutional amendment in the history of the United States and 

the only ratification of a constitutional amendment ever 

decided by State conventions pursuant to Article V of the 

Constitution; 

Whereas alcohol is the only product in commerce in the 

United States that has been the subject of 2 constitutional amendments; 

Whereas Congress’s reenactment in 1935 of the Act entitled 

‘‘An Act divesting intoxicating liquors of their interstate 

character in certain cases’’, approved March 1, 1913 

(commonly known as the Webb-Kenyon Act) (27 U.S.C. 

122), and the enactment of the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.), section 2004 of 


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Aimee’s Law (27 U.S.C. 122a) (relating to 21st amendment enforcement), the Sober Truth on Preventing Underage Drinking Act (Public Law 109–422; 120 Stat. 

2890), and annual appropriations to support State enforcement of underage drinking laws demonstrate a longstanding and continuing intent on the part of Congress 

that States should exercise their primary authority to 

achieve temperance, the creation and maintenance of orderly and stable markets with respect to alcoholic beverages, and the facilitation of the efficient collection of 

taxes; 

Whereas the legislatures and alcoholic beverage control agencies of the 50 States have worked diligently to implement 

the powers granted by the 21st amendment for 75 years 

and to ensure the creation and maintenance of Statebased regulatory systems for alcohol distribution made up 

of producers, importers, wholesale distributors, and retailers; 

Whereas the development of a transparent and accountable 

system for the distribution and sale of alcoholic beverages, an orderly market, temperance in consumption 

and sales practices, the efficient collection of taxes, and 

other essential policies have been successfully guided by 

the collective experience and cooperation of government 

agencies and licensed industry members throughout the 

geographically and culturally diverse Nation; 

Whereas regulated commerce in alcoholic beverages annually 

contributes billions of dollars in Federal and State tax 

revenues and additional billions to the United States 

economy and supports the employment of millions of people in the United States in more than 2,500 breweries, 

distilleries, wineries, and import companies, more than 


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2,700 wholesale distributor facilities, more than 530,000 

retail outlets, and numerous agricultural, packaging, and 

transportation businesses; 

Whereas the United States system of State-based alcohol regulation has resulted in a marketplace with unprecedented 

choice, variety, and selection for consumers; 

Whereas members of the licensed alcoholic beverage industry 

have been constant partners with Federal and State governments in balancing the conduct of competitive businesses with the need to control alcohol in order to provide 

consumers in the United States with a safe and regulated 

supply of alcoholic beverages; and 

Whereas members of the licensed alcoholic beverage industry 

have created and supported a wide range of national, 

State, and community programs to address problems associated with alcohol abuse, including drunk driving and 

underage drinking: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) celebrates 75 years of effective State-based 

3 alcohol regulation since the passage of the 21st 

4 amendment to the Constitution of the United States; 

5 (2) commends State lawmakers, regulators, law 

6 enforcement officers, the public health community, 

7 and industry members for successful collaboration in 

8 achieving a workable, legal, and successful system 

9 for the distribution and sale of alcoholic beverages; 

10 and 


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1 (3) reaffirms the continued support of the Sen2 ate for policies that allow States to effectively regu3 late alcohol. 

Æ 


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