The Prohibition Amendment: A Constitutional Change

what constitutional amendment is associated with the prohibition era

The Prohibition Era in the United States, from 1920 to 1933, was a period when the manufacture, importation, transportation, and sale of alcoholic beverages were prohibited nationwide. This era was ushered in by the Eighteenth Amendment to the US Constitution, ratified on January 16, 1919, which banned the production, distribution, and sale of alcohol across the country. The amendment was the culmination of decades of efforts by the temperance movement, which believed that prohibiting alcohol would address societal issues such as poverty and domestic violence. However, the Prohibition Era also gave rise to bootlegging, speakeasies, and organised crime, with infamous gangsters like Al Capone profiting from the illegal alcohol trade. As public sentiment turned against Prohibition towards the late 1920s, the Twenty-first Amendment was ratified on December 5, 1933, repealing the Eighteenth Amendment and bringing an end to the nationwide ban on alcohol.

Characteristics Values
Name Eighteenth Amendment
Ratified on 16 January 1919
Brought about Prohibition Era of the United States
Prohibited Manufacture, sale, or transportation of intoxicating liquors
Prohibited Importation or exportation of intoxicating liquors
Prohibition came into effect 17 January 1920
Ratified by 36 of the 48 states
Repealed by Twenty-first Amendment
Year repealed 1933
Date repealed 5 December 1933
Impact Sudden surge of illegal alcohol manufacturing
Impact Rise of organised crime
Impact Increase in gambling and prostitution
Impact Initial reduction in alcohol consumption and crimes associated with drunkenness

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The Eighteenth Amendment

The immediate impact of the Eighteenth Amendment appeared to be positive, with a decline in crimes related to alcohol consumption and a reduction in alcohol consumption, particularly among low-income groups. However, as the 1920s progressed, illegal alcohol production increased to meet rising demand. The prices of illicit beverages decreased, and illegal alcohol production centres developed ties with organized crime organizations, such as the Chicago Outfit led by Al Capone.

By the late 1920s, public sentiment had turned against Prohibition, with opponents arguing that it lowered tax revenue and imposed "rural" Protestant religious values on "urban" America. The Great Depression further hastened its demise, as it was argued that the ban on alcohol denied jobs to the unemployed. The efforts of the nonpartisan Association Against the Prohibition Amendment (AAPA) and the inclusion of a plan to repeal the amendment in Franklin D. Roosevelt's successful 1932 presidential campaign added to the public disillusionment.

On February 20, 1933, Congress proposed a new amendment to end prohibition, which was ratified on December 5, 1933, repealing the Eighteenth Amendment and bringing an end to the Prohibition Era.

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The Twenty-First Amendment

The Eighteenth Amendment, ratified on January 16, 1919, was the result of years of advocacy by the temperance movement, which aimed to eliminate what they saw as alcohol-related problems in society, such as alcoholism, domestic violence, and political corruption. The subsequent enactment of the Volstead Act established federal enforcement of the nationwide prohibition on alcohol. However, as many Americans continued to drink despite the amendment, Prohibition gave rise to a profitable black market for alcohol, fueling the rise of organized crime. Illegal alcohol production centres grew ties with criminal organizations, such as the Chicago Outfit under Al Capone, allowing them to bribe businesses, political leaders, and police departments.

By the 1930s, overall public sentiment toward prohibition had flipped from positive to negative, and Congress was compelled to act. The Twenty-First Amendment ended national prohibition and gave states the power to regulate the sale, manufacture, and transportation of alcohol. However, the amendment's immediate impact was varied, with some states continuing to be ""dry states"" and closely regulating alcohol distribution. Mississippi was the last state to lift all its Prohibition-era laws in 1966, while Kansas lifted its ban on public bars in 1987.

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 favor of their implied authority to regulate the transportation of certain types of alcoholic beverages under the Commerce Clause and the Dormant Commerce Clause. The rulings have set general guidelines regarding the limitations of advertising beverages, their prices, and allowed percentages in certain counties and municipalities within states.

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The National Prohibition Act

The Eighteenth Amendment, which established a nationwide ban on the manufacture, sale, and transportation of alcohol, was ratified on January 16, 1919, and went into effect a year later. However, the amendment did not forbid the consumption, possession, or production of alcohol for private personal use.

To enforce and define the Amendment's language, Congress passed the National Prohibition Act, also known as the Volstead Act, on October 28, 1919. The Act made distinctions between the illegality of alcohol designed for consumption and authorized alcohol for scientific, religious, and industrial purposes. It prohibited the production, sale, transportation, and possession of beverages containing more than 0.5% alcohol by volume, which included beer, wine, whiskey, and gin.

The Volstead Act was conceived and drafted by the Anti-Saloon League's Wayne Wheeler and was named after Andrew Volstead, the chairman of the House Judiciary Committee, who managed the legislation. The Act was passed over President Woodrow Wilson's veto, with Congress overriding his objection to the extension of wartime prohibition measures.

The immediate impact of the Eighteenth Amendment and the Volstead Act appeared positive, with an overall decline in crimes related to alcohol consumption. However, as the 1920s progressed, illegal alcohol production increased to meet rising demand, and prices for illicit beverages decreased. Criminal organizations, such as the Chicago Outfit led by Al Capone, became involved in the illegal alcohol trade, using it to bribe businesses, political leaders, and police departments. This led to a shift in public perception of the Eighteenth Amendment, with opposition emerging by the late 1920s.

The Twenty-first Amendment, ratified on December 5, 1933, ultimately repealed the Eighteenth Amendment and ended the Prohibition Era.

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The rise of organised crime

The Eighteenth Amendment to the US Constitution, which came into effect in January 1920, marked the beginning of the Prohibition Era. It banned the manufacture, sale, distribution, and transportation of alcohol across the country. While the immediate impact appeared positive, with a decline in alcohol-related crimes, the ban soon led to a surge in illegal alcohol production and consumption. This provided an opportunity for criminal gangs to expand their activities and consolidate their power, marking the rise of organised crime.

Prior to Prohibition, criminal gangs were local menaces, running protection rackets and engaging in vice entrepreneurship. However, the nationwide ban on alcohol presented them with a lucrative business opportunity, as Americans continued to seek out alcoholic beverages. The illegal alcohol market was no longer confined to local neighbourhoods but spanned across states and international borders. To meet the demand, gang leaders had to forge mutual protection pacts and collaborate with each other, crossing ethnic lines and uniting Italians, Irish, Jews, and Poles in the pursuit of profit.

The Sicilian Mafia, which had been active in cities like New York and Kansas City before Prohibition, quickly seized the opportunity to expand their operations. They were joined by other gangs, such as the Chicago Outfit led by Al Capone, who became one of the most infamous gangsters of the era. Capone's criminal empire generated an estimated $100 million in revenue at its peak, with interests in liquor distribution, speakeasies, beer brewing, gambling, and prostitution.

The vast profits from illegal alcohol sales presented a new challenge for criminal gangs: money laundering. They had to find ways to conceal their ill-gotten gains and reinvest them in legitimate businesses. Underworld accountants, like Meyer Lansky, played a crucial role in this process, wiring money to brokers in Switzerland and funnelling it into legal enterprises. When gambling was legalised in Nevada in 1931, large sums of Prohibition-era mob money flowed into casinos and hotels, further entrenching the influence of organised crime.

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The decline of public sentiment

The Eighteenth Amendment to the US Constitution, which brought about the Prohibition Era, was ratified on January 16, 1919, and went into effect a year later. The Amendment prohibited the manufacture, sale, and transportation of intoxicating beverages across the country. However, it did not outlaw the possession or consumption of alcohol, and this allowed legal loopholes for consumers.

Public sentiment towards Prohibition started to turn negative towards the end of the 1920s. By the 1930s, public opinion had flipped from positive to negative, and Congress was compelled to act. The immediate impact of Prohibition appeared to be positive in the first few years of the 1920s, with an overall decline in crimes that temperance organizations considered rooted in alcohol consumption. However, as the decade progressed, illegal alcohol production increased to meet rising demand. The prices for these illicit beverages decreased as more underground alcohol producers entered the market.

The illegal alcohol production centres grew ties with organized crime organizations, such as the Chicago Outfit under Al Capone, who made millions from underground alcohol sales. Gambling and prostitution also saw an increase during the Prohibition Era, further changing public perception of the Eighteenth Amendment. The sums of money being exchanged during the dry era proved a corrupting influence on law enforcement, with police officers and Prohibition agents being frequently tempted by bribes or the opportunity to go into bootlegging themselves. The stereotype of the corrupt Prohibition agent or local cop undermined public trust in law enforcement for the duration of the era.

The unintended consequences of Prohibition included a decline in the amusement and entertainment industries, with restaurants failing without legal liquor sales, and theater revenues declining. Bootleggers also discovered that running a pharmacy was a perfect front for their trade, and the number of registered pharmacists in New York State tripled during the Prohibition era. The law was unclear regarding Americans making wine at home, and many took advantage of this loophole.

The overall effects of Prohibition on alcohol consumption are disputed. Some research indicates that alcohol consumption declined substantially due to Prohibition, while other research indicates that Prohibition did not reduce alcohol consumption in the long term. A 2010 review of academic research on Prohibition concluded that "on balance, Prohibition probably reduced per capita alcohol use and alcohol-related harm, but these benefits eroded over time as an organized black market developed and public support for [national prohibition] declined."

Frequently asked questions

The Eighteenth Amendment to the Constitution, ratified on January 16, 1919, brought about the Prohibition Era.

The Eighteenth Amendment banned the manufacture, sale, distribution, and transportation of alcohol across the country. This led to a sudden surge in illegal alcohol manufacturing and the rise of organized crime groups, such as the Chicago Outfit led by Al Capone.

Initially, public sentiment towards Prohibition was positive, with a decline in alcohol-related crimes and hospitalizations for alcoholism. However, by the late 1920s, public sentiment had turned negative due to the rise of organized crime, the stock market crash of 1929, and the Great Depression.

The Twenty-first Amendment, ratified on December 5, 1933, repealed the Eighteenth Amendment and ended the Prohibition Era.

The Twenty-first Amendment is unique in American history as it is the only constitutional amendment passed to repeal another amendment. While Prohibition ended at the federal level, some states continued to enforce it. Mississippi was the last state to lift all its Prohibition-era laws in 1966, and Kansas lifted its ban on public bars in 1987.

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