The Prohibition Party: A Constitutional Amendment?

The Eighteenth Amendment to the United States Constitution, ratified on January 16, 1919, established the prohibition of alcohol in the country. The amendment was proposed by Congress on December 18, 1917, and was the result of decades of effort by the temperance movement, which argued that a ban on the sale of alcohol would eliminate poverty and improve society. The Eighteenth Amendment banned the manufacture, sale, or transportation of intoxicating liquors for beverage purposes within the United States, although it did not outlaw the consumption of alcohol. The amendment was ultimately repealed by the Twenty-first Amendment on December 5, 1933, due to its failure to prevent the mass distribution of alcoholic beverages and its inadvertent contribution to the rise of organized crime.

Explore related products

Prohibition, the Constitution, and States' Rights

$33.99 $37.99

American Constitutional History: A Brief Introduction

$36.95 $36.95

Constitutional Amendment Manual. For Constitutional Prohibition

$13.95

The Biblical Roots of American Constitutionalism: From "I Am the Lord" to "We the People"

$41.99 $41.99

Federal Criminal Law Doctrines: The Forgotten Influence of National Prohibition (Constitutional Conflicts S)

$30.95 $89.95

Constitutional Amendment Manual: Containing Argument, Appeal, Petitions, Forms of Constitution (Classic Reprint)

$30.57

The Eighteenth Amendment

While the Eighteenth Amendment led to a decline in alcohol consumption in the United States, particularly among low-income groups, nationwide enforcement of Prohibition proved difficult, and public sentiment began to turn against it during the 1920s. The act was largely a failure, as it was unable to prevent the mass distribution of alcoholic beverages, and it inadvertently caused a massive increase in organised crime. Alcohol smuggling (known as rum-running or bootlegging) and illicit bars (speakeasies) became popular in many areas. The illegal alcohol production centres grew ties with organised crime organisations, such as the Chicago Outfit under the leadership of mob boss Al Capone. Gambling and prostitution also saw an increase amid the Prohibition Era.

The Temperance Movement

The earliest temperance organizations were founded in Saratoga, New York, in 1808, and in Massachusetts in 1813. The Massachusetts Society for the Suppression of Intemperance (MSSI), formed in 1813, only accepted men of high social standing and encouraged moderation in alcohol consumption. The peak of its influence was in 1818, and it disbanded in 1820, having made little impact on the future of the movement. The movement spread rapidly under the influence of the churches; by 1833 there were 6,000 local societies in several U.S. states.

The Eighteenth Amendment to the United States Constitution, ratified on January 16, 1919, was a direct result of the efforts of the Temperance Movement. The Amendment established the prohibition of alcohol in the United States, banning its manufacture, sale, and transportation. However, it did not outlaw the consumption of alcohol. The Amendment was largely unsuccessful, as it was unable to prevent the mass distribution of alcoholic beverages, and it inadvertently caused a massive increase in organized crime. It was eventually repealed and replaced by the Twenty-first Amendment on December 5, 1933, which legalized the sale and transportation of alcohol.

The National Prohibition Act

The immediate impact of the National Prohibition Act appeared to be positive, with an overall decline in crimes related to alcohol consumption in the early 1920s. However, as the decade progressed, illegal alcohol production increased to meet the demand, and the prices for these illicit beverages decreased. This led to the growth of organised crime syndicates, such as the Chicago Outfit under Al Capone, which bribed businesses, political leaders, and entire police departments with illegal alcohol, hindering the enforcement of the Eighteenth Amendment.

By the 1930s, public sentiment towards Prohibition had shifted from positive to negative, and the Twenty-first Amendment, which repealed the Eighteenth Amendment and ended Prohibition, was ratified on December 5, 1933. However, some states continued to prohibit alcohol after the end of nationwide Prohibition, with Mississippi being the last state to lift all its Prohibition-era laws in 1966.

Explore related products

Constitutional Prohibition

$14.75

Perfecting the U.S. Constitution: 27 and Counting, The Amendments that Shaped America’s Future (Anthem Studies in Law Reform, 1)

$19.99 $90

The Constitutional Prohibitionist, Or Prohibition By The People

$39.37

The Constitution in the Supreme Court: The Second Century, 1888–1986

$4.99 $73.99

The Constitutional Prohibition of the Drink Traffic; an Address Delivered in the Hall of the House of Representatives, at Harrisburg, Pa., March 26Th, 1885. Stenographically 1885 [Leather Bound]

$15.75

Tort Law and the Construction of Change: Studies in the Inevitability of History

$34

The Twenty-First Amendment

The Eighteenth Amendment was the result of decades of effort by the temperance movement, which held that a ban on the sale of alcohol would eliminate poverty and ameliorate social problems such as immoral sexual behaviour and violence. The Anti-Saloon League, founded in 1893, started a campaign in 1906 to ban the sale of alcohol at the state level. The Woman's Christian Temperance Union also launched efforts to ban the sale, manufacture, and distribution of alcoholic beverages. The Eighteenth Amendment was ratified on January 16, 1919, and the Volstead Act was passed to enforce it.

However, the Eighteenth Amendment proved largely ineffective. While there was a decline in alcohol consumption, particularly among low-income groups, there was also a rise in illegal alcohol manufacturing and organised crime. Criminal organisations increased their involvement in alcohol production, and Al Capone made millions of dollars in underground alcohol sales. There was also an increase in gambling and prostitution. By the 1930s, public sentiment towards the amendment had turned negative, and Congress was compelled to act.

In the decades since the Twenty-First Amendment, a series of Supreme Court decisions have been argued and ruled over, specifically regarding Section 2. Certain states have argued in favour of their implied authority to regulate the transportation of certain types of alcoholic beverages. The rulings have set general guidelines regarding the limitations of advertising beverages and their prices, and allowed percentages in certain counties and municipalities within states.

The Volstead Act

The Eighteenth Amendment to the United States Constitution, ratified on January 16, 1919, established the prohibition of alcohol in the country. The amendment was the culmination of decades of efforts by the temperance movement, which argued that a ban on the sale of alcohol would alleviate poverty and address societal issues such as immoral sexual behaviour and violence.

The Eighteenth Amendment, however, did not prohibit the consumption of alcohol, and an underground market quickly emerged. This led to a surge in illegal alcohol manufacturing and a rise in organised crime. To address these issues and provide federal enforcement of the amendment, Congress passed the Volstead Act, also known as the National Prohibition Act, in October 1919. The act was named after Minnesota Rep. Andrew Volstead, chairman of the House Judiciary Committee, who championed the bill and prohibition.

• War Prohibition: This section included the previously enacted War Time Prohibition Act, which was approved on November 21, 1918, to conserve grain by prohibiting its use in the production of spirits.
• Prohibition as designated by the Eighteenth Amendment: This section defined intoxicating beverages as those containing more than 0.5% alcohol. It set forth fines and jail sentences for the manufacture, sale, and movement of alcoholic beverages. It also outlined the powers of law enforcement regarding search and seizure and described those responsible for enforcing the laws.
• Industrial Alcohol Use: Alcohol for industrial purposes was permitted under this section. While alcohol used for medical purposes was also allowed, physicians faced restrictions on the amounts they could prescribe to patients.

Frequently asked questions