Prohibition: A Constitutional Amendment?

was prohibition a constitutional amendment

The Eighteenth Amendment to the United States Constitution established the prohibition of alcohol in the United States. The amendment was proposed by Congress on December 18, 1917, and ratified by 36 states on January 16, 1919. The Eighteenth Amendment was the result of decades of efforts by the temperance movement, which argued that banning alcohol would reduce poverty and other societal issues. While the amendment prohibited the production, transportation, and sale of alcohol, it did not ban its consumption outright. The Eighteenth Amendment was eventually repealed and superseded by the Twenty-first Amendment on December 5, 1933, marking the end of the Prohibition Era.

Characteristics Values
Name of Amendment Eighteenth Amendment
Date proposed December 18, 1917
Date ratified January 16, 1919
Date certified January 29, 1919
Date repealed December 5, 1933
Subject matter Prohibition of alcohol
Prohibited activities Sale, manufacture, distribution, and transportation of alcohol
Enabling legislation National Prohibition Act (Volstead Act)
Impact Surge in illegal alcohol manufacturing and organized crime
Unique features First amendment with a ratification deadline, only amendment to be fully repealed

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The Eighteenth Amendment

The text of the amendment stated that the manufacture, sale, or transportation of intoxicating liquors within, into, or out of the United States for beverage purposes was prohibited. It's important to note that the amendment did not ban the consumption of alcohol outright, nor did it explicitly ban the production of alcohol for private, personal use. However, it did ban the sale, manufacture, and distribution of alcohol, and those caught engaging in these activities would be subject to arrest.

The amendment also had legal and political ramifications. To enforce and define the language of the amendment, Congress passed the National Prohibition Act, also known as the Volstead Act, on October 28, 1919. This act provided federal enforcement of Prohibition. However, the act was largely unsuccessful in preventing the mass distribution of alcoholic beverages and inadvertently contributed to a rise in organised crime.

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The temperance movement

The Anti-Saloon League, founded in 1893, took a more direct political approach, calling for local and state legislatures to ban alcohol consumption across the country. The movement also had international scope, with the Order of Good Templars, founded in 1851, spreading throughout the United States, Canada, Great Britain, and beyond.

In the 1820s, the temperance movement in the United States was popularized by evangelical reformers and gained traction among the middle classes. This wave of the movement focused on advising against hard spirits rather than complete abstinence, and on moral reform rather than legal measures. The Second Great Awakening, an evangelical Protestant religious revival of the 1820s and 1830s, brought with it an optimism about moral reform, and social movements began aiming for a perfect society.

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The National Prohibition Act

The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol in the country, was ratified on January 16, 1919. The amendment was the culmination of decades of efforts by the temperance movement, which argued that banning the sale of alcohol would help alleviate poverty and other societal problems.

However, the Eighteenth Amendment did not prescribe any penalties, forfeitures, or enforcement methods. To address this, Congress passed the National Prohibition Act, also known as the Volstead Act, on October 28, 1919. The act was designed to enforce the provisions of the Eighteenth Amendment and define the process and procedures for banning alcoholic beverages, as well as their production and distribution.

The Volstead Act consisted of three main sections:

  • War Prohibition: This section dealt with the prohibition of alcohol during wartime, which had been approved on November 21, 1918, to conserve grain by prohibiting its use in the production of spirits.
  • Permanent National Prohibition: This part defined intoxicating beverages as those containing greater than 0.5 percent alcohol and set forth the fines and jail sentences for the manufacture, sale, and movement of such beverages. It also outlined the powers of law enforcement to enforce these regulations.
  • Industrial Alcohol Use: This section pertained to the use of alcohol for industrial purposes.

The negative consequences of the Eighteenth Amendment and the challenges in enforcing it eventually led to its repeal. On December 5, 1933, the Twenty-first Amendment was ratified, officially ending the Prohibition Era.

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The Twenty-first Amendment

The text of the Twenty-first Amendment expressly repeals the Eighteenth Amendment and bans the importation of alcohol into states and territories that have laws prohibiting the consumption of alcohol. The amendment also implies that states are in charge of regulating the sale, manufacture, and transportation of alcohol, allowing them to decide whether to lift the prohibition laws.

The ratification of the Twenty-first Amendment marked the end of the Prohibition Era, and bar patrons in New York City celebrated the amendment's passage. However, several states continued to be "dry states" in the years following, and some states continue to closely regulate the distribution of alcohol to this day. The Twenty-first Amendment has also been the subject of several Supreme Court decisions, particularly regarding Section 2 and its implications for state powers.

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State-level prohibition

The Eighteenth Amendment, which established the prohibition of alcohol in the United States, was the culmination of decades of efforts by the temperance movement. This movement, which began in the 1820s and 1830s, advocated for moderation or complete abstinence from alcohol consumption. By the late 19th century, organisations such as the Anti-Saloon League took a direct political approach, calling for state legislatures to vote against alcohol consumption.

By 1916, 23 out of 48 states had passed laws against saloons, and some even banned the manufacture of alcohol. The Eighteenth Amendment was proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919. It prohibited the production, transportation, importation, exportation, and sale of intoxicating liquors within the United States. However, it did not outlaw the consumption or possession of alcohol, which led to the creation of a black market for alcohol.

The amendment was largely ineffective in preventing the mass distribution of alcoholic beverages and inadvertently caused a massive increase in organised crime. It was eventually repealed by the Twenty-first Amendment on December 5, 1933, making it the only constitutional amendment in American history to be repealed. Despite the repeal of national prohibition, 18 states continued prohibition at the state level, and Mississippi was the last state to end it in 1966.

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Frequently asked questions

Yes, prohibition was a constitutional amendment, the Eighteenth Amendment to be precise.

The Eighteenth Amendment established the prohibition of alcohol in the United States. It banned the production, transportation, importation, and sale of intoxicating liquors.

The Eighteenth Amendment was ratified on January 16, 1919, when Nebraska became the 36th state to approve it.

At the time, no amendment had ever been overturned, so proponents of prohibition wanted it to be a permanent ban. They believed that implementing it through an amendment would make it more permanent than a law, which could be overturned.

Prohibition was repealed by the Twenty-first Amendment, which was ratified on December 5, 1933. This was the first and only amendment to annul another amendment.

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