The Constitution's 18Th Amendment: A Historical Perspective

how is the 18th amendment written in the constitution

The Eighteenth Amendment to the United States Constitution, also known as the Prohibition Amendment, was proposed by Congress on December 18, 1917, and ratified on January 16, 1919. The amendment established the prohibition of alcohol in the United States, making it illegal to manufacture, sell, or transport intoxicating liquors. It was the result of decades of efforts by the temperance movement, which argued that banning alcohol would reduce poverty and improve societal issues. However, the amendment was controversial as it empowered the federal government to police individual social habits and led to a surge in illegal alcohol manufacturing and organised crime. The Eighteenth Amendment was eventually repealed by the Twenty-first Amendment on December 5, 1933, marking the only time a constitutional amendment has been fully repealed.

Characteristics Values
Date proposed by Congress December 18, 1917
Date ratified January 16, 1919
Date ratified by Secretary of State Frank L. Polk January 29, 1919
Date became effective January 17, 1920
Date repealed December 5, 1933
Subject matter Prohibition of alcohol
Ratification deadline Seven years
Number of states approving 36
Number of states required for approval 3/4
Time taken for requisite number of states to approve Little more than a year
Organizations responsible for proposal and ratification Anti-Saloon League, Woman's Christian Temperance Union
Notable figures Wayne B. Wheeler, Carrie Nation
Supporters Protestant churches, both major political parties
Actions taken to enforce Passage of the Volstead Act, National Prohibition Act

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The Eighteenth Amendment's impact on illegal alcohol manufacturing

The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol, was the result of decades of efforts by the temperance movement. The movement argued that banning alcohol would eliminate poverty and other societal problems such as immoral sexual behaviour and violence. The amendment was proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919.

While the Eighteenth Amendment banned the production, transport, and sale of intoxicating liquors, it did not outlaw possession or consumption. This loophole, combined with the widespread public desire to consume alcohol, led to a rapid increase in illegal alcohol manufacturing. Speakeasies, bootlegging, and illegal distilling operations became common, with large-scale illegal importation and production of alcoholic beverages occurring nationwide.

The amendment's enforcement was challenging, and prisons became crowded with those arrested for distributing alcohol. To address the prison overcrowding, those arrested were often charged with small fines instead of prison time. Despite this, the murder rate initially fell for two years, likely due to the reduced availability of alcohol, which often fuels violent crimes. However, as illegal alcohol manufacturing and distribution became more organized and competitive, gangland killings drove the homicide rate to record highs.

The rise in illegal alcohol manufacturing and the associated crimes contributed to a 24% overall increase in crime in major cities like Chicago, New York, and Los Angeles. The amendment's failure to curb alcohol consumption and the negative economic impact of lost tax revenue led to growing public sentiment against Prohibition by the late 1920s. The Great Depression further hastened its demise, as opponents argued that the ban denied jobs to the unemployed and revenue to the government.

The nonpartisan Association Against the Prohibition Amendment (AAPA) and other anti-prohibition groups worked towards repealing the amendment. In 1932, Franklin D. Roosevelt's Democratic presidential campaign included a plan to repeal, and his victory led to the end of Prohibition. On December 5, 1933, the Twenty-first Amendment was adopted, repealing the Eighteenth Amendment and modifying the Volstead Act to permit the sale of beer.

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The role of the Anti-Saloon League in its proposal and ratification

The 18th Amendment to the United States Constitution, which established the prohibition of alcohol in the country, was proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919. The amendment was the result of decades of efforts by the temperance movement, which argued that banning the sale of alcohol would reduce poverty and other societal problems.

The Anti-Saloon League (ASL) was a key component of this movement and played a significant role in the proposal and ratification of the 18th Amendment. Founded in 1893 in Oberlin, Ohio, the ASL started as a state society but quickly became a national organization, overshadowing older groups like the Woman's Christian Temperance Union. The ASL used statistics, not morals, to make its case against alcohol, arguing that prohibition would inspire new forms of sociability, happier families, reduced workplace accidents, and an improved society overall.

The consistent pressure exerted by the ASL forced public figures and organizations to take a stand on prohibition. The ASL was willing to ally with any group that supported its mission, including Democrats, Republicans, the Ku Klux Klan, the NAACP, the International Workers of the World, and leading industrialists such as Henry Ford, John Rockefeller, and Andrew Carnegie. The ASL's single-minded focus on prohibition and its use of pressure politics made it a powerful force in legislative politics.

At the state level, the ASL had mixed results. It found the most success in rural and Southern states, but struggled in larger cities and among liturgical church members. However, its efforts in states like Illinois, where it worked to obtain a local option referendum law, were successful. By 1910, 40 of Illinois' 102 counties and 1,059 townships had become "dry," meaning they prohibited the sale of alcohol.

Following the ratification of the 18th Amendment, the ASL published "The Verdict" in April 1919, a flyer that sought to assuage any lingering doubts about prohibition. The flyer included endorsements from governors of dry states and statistics on the effects of prohibition. However, the rise of social problems like organized crime, as well as public sentiment turning against prohibition by the late 1920s, contributed to the decline of the ASL's influence.

In conclusion, the Anti-Saloon League played a crucial role in the proposal and ratification of the 18th Amendment through its lobbying efforts, alliances with diverse groups, and use of statistics and pressure politics. However, its single-issue focus and inability to address emerging social problems ultimately led to a decrease in its influence.

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The amendment's controversial nature and its impact on public sentiment

The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol in the country, was the culmination of decades of efforts by the temperance movement. The movement, which included groups such as the Anti-Saloon League (ASL) and the Woman's Christian Temperance Union, argued that banning alcohol would eliminate poverty and improve social conditions, including reducing immoral sexual behaviour and violence. The ASL used speeches, advertisements, and public demonstrations to spread their message and build support for the amendment.

However, the amendment was also controversial from the start. The phrase "intoxicating liquor" was widely understood to exclude beer and wine, and their inclusion in Prohibition surprised and angered many in the general public, as well as producers of these beverages. This controversy led many Northern states to refuse to abide by the amendment, and illegal importation and production of alcoholic beverages (rum-running and bootlegging) became widespread. The amendment's enforcement was particularly challenging in urban areas, where most people opposed Prohibition, and it led to the rise of organised crime, with the Mafia and other gangs controlling the illicit liquor trade.

The amendment did lead to a significant reduction in alcohol consumption, especially among low-income groups, and there were fewer hospitalizations for alcoholism and liver-related issues. However, consumption soon climbed again with the rise of home-distilled alcohol, which led to thousands of deaths from methanol poisoning. While Prohibition was associated with an initial reduction in drunkenness-related crimes, it also created a new category of crimes involving the production and distribution of alcohol, and those who continued to drink tended to turn to organised criminal syndicates.

By the late 1920s, public sentiment had turned against Prohibition, with opponents arguing that it denied jobs to the unemployed and revenue to the government, especially during the Great Depression. The nonpartisan Association Against the Prohibition Amendment (AAPA) further added to the public's disillusionment with Prohibition. In 1932, Franklin D. Roosevelt ran for president on a platform that included repealing the 18th Amendment, and his victory led to the end of Prohibition. In 1933, Congress adopted a resolution proposing the Twenty-first Amendment, which repealed the 18th Amendment and modified the Volstead Act to permit the sale of beer.

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The process of its ratification by the requisite number of states

The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol, was proposed by Congress on December 18, 1917. The amendment was ratified by the requisite number of states on January 16, 1919, and it officially came into force a year later.

The process of ratification began with the Senate passing a resolution containing the language of the amendment on August 1, 1917. The vote was 65 to 20, with the Democrats voting 36 in favour and 12 against, and the Republicans voting 29 in favour and 8 against. The House of Representatives then passed a modified version of the resolution on December 17, 1917, after which it was issued to the states for ratification.

Nebraska became the thirty-sixth state to approve the amendment, and on January 16, 1919, the requisite number of states had ratified the amendment. On January 28, 1918, the North Dakota ratification was approved by the state governor. Finally, on January 17, 1919, thirteen days after the requisite number of states had ratified the amendment, Secretary of State Frank L. Polk announced that the Eighteenth Amendment was officially incorporated into the Constitution.

The Eighteenth Amendment was the first to contain a provision setting a deadline for its ratification. This clause was challenged in the Supreme Court case of Dillon v. Gloss (1921), but the deadline was upheld as constitutional. The amendment also faced controversy over the inclusion of beer and wine as "intoxicating liquors," which led to several Northern states refusing to abide by the amendment.

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The amendment's enforcement and its eventual repeal by the Twenty-first Amendment

The Eighteenth Amendment was the result of decades of effort by the temperance movement in the United States, which argued that a ban on the sale of alcohol would eliminate poverty and improve social conditions. The amendment was proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919.

The Eighteenth Amendment prohibited the production, transportation, and sale of intoxicating liquors in the United States, although it did not outlaw possession or consumption. Despite this, there was a decline in alcohol consumption, and the initial impact of Prohibition appeared positive, with a decrease in alcohol-related crimes.

However, nationwide enforcement of Prohibition proved challenging, especially in urban areas. The illegal importation and production of alcoholic beverages (rum-running and bootlegging) became widespread, and illicit bars (speakeasies) were common. The amendment inadvertently caused a massive increase in organized crime, with criminal organizations bribing police and politicians to overlook violations.

Public sentiment turned against Prohibition by the late 1920s, and the Great Depression further hastened its demise. Opponents argued that Prohibition denied jobs to the unemployed and revenue to the government. The nonpartisan Association Against the Prohibition Amendment (AAPA) also contributed to public disillusionment.

In 1932, Franklin D. Roosevelt's Democratic presidential campaign included a plan to repeal the Eighteenth Amendment, and his victory that November sealed the fate of Prohibition. In February 1933, Congress proposed the Twenty-first Amendment, which repealed the Eighteenth Amendment and modified the Volstead Act to allow the sale of beer. The Twenty-first Amendment was ratified on December 5, 1933, and it is the only constitutional amendment in American history to repeal a previous one. The repeal of Prohibition restored jobs and revenue to the government, achieving the opposite of what the Eighteenth Amendment had intended.

Frequently asked questions

The Eighteenth Amendment to the United States Constitution established the prohibition of alcohol in the United States.

The amendment made it illegal to manufacture, sell, or transport "intoxicating liquors" within the United States and its territories. It did not, however, outlaw the possession or consumption of alcohol.

The 18th Amendment was proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919.

The 18th Amendment led to a sudden surge in illegal alcohol manufacturing, such as rum-running, bootlegging, and moonshining. It also resulted in increased involvement of criminal organizations in the production and sale of alcohol, with Al Capone being a notable example.

Public sentiment turned against Prohibition by the late 1920s, and the Great Depression further hastened its demise. Opponents argued that the ban on alcohol denied jobs to the unemployed and much-needed revenue to the government. The 18th Amendment was eventually repealed by the 21st Amendment on December 5, 1933.

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