Simone Lawson
The 18th Amendment to the US Constitution, also known as the Prohibition Amendment, prohibited the manufacture, sale, and transportation of intoxicating liquors. The Volstead Act, enacted in 1919, was designed to enforce the 18th Amendment by defining what constituted an intoxicating beverage and outlining penalties for violations. The Act prohibited the production, sale, transportation, and possession of beverages containing 0.5% or greater alcohol by volume, which included beer, wine, and distilled spirits. While the 18th Amendment and Volstead Act criminalized the acquisition of alcohol, they did not explicitly prohibit its consumption. The movement towards prohibition was driven by temperance societies and political groups such as the Anti-Saloon League, who lobbied for laws to restrict alcohol production and sales at the state and federal levels.
| Characteristics | Values |
|---|---|
| Name | Volstead Act |
| Other Name | National Prohibition Act |
| Type | US Federal Legislation |
| Purpose | Enforce Prohibition under the 18th Amendment |
| Prohibition | Manufacture, sale, and transportation of intoxicating liquors |
| Passed | October 28, 1919 |
| Effective | January 16, 1920 |
| Repealed | December 5, 1933, by the 21st Amendment |
| Key Figures | Andrew Volstead, Woodrow Wilson |
| Significance | Part of the Prohibition era, aimed to reduce alcohol consumption and its associated social issues |
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What You'll Learn
The Eighteenth Amendment
The Volstead Act, which went into effect in January 1920, defined an intoxicating beverage as anything containing more than 0.5% alcohol and made it illegal to "manufacture, sell, barter, transport, import, export, deliver, furnish, or possess" such beverages. The Act also set out fines and jail sentences for violations, as well as regulations for law enforcement.
Despite initial successes in reducing alcohol consumption, Prohibition lost support due to widespread flouting of the law, organised crime, and violence. By 1932, polls showed that most Americans believed Prohibition had failed, and in 1933, Congress passed the Blaine Act, a proposed constitutional amendment to repeal the Eighteenth Amendment. The Twenty-first Amendment, approved soon after Franklin D. Roosevelt became president, nullified the Volstead Act, ending Prohibition.
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Prohibition
The National Prohibition Act, commonly known as the Volstead Act, was a law passed by the 66th United States Congress to enforce the 18th Amendment, which established the prohibition of alcoholic drinks. The 18th Amendment, also known as the Prohibition Amendment, was ratified in January 1919 and prohibited the manufacture, sale, and transportation of intoxicating liquors. The Volstead Act, which went into effect on January 16, 1920, defined the laws and penalties for violating the Prohibition Amendment.
The movement to prohibit alcoholic beverages in the United States had been gaining momentum for nearly a century before the passage of the Volstead Act. Temperance societies, such as the Women's Christian Temperance Union and the Anti-Saloon League, played a significant role in advocating for prohibition. These groups lobbied local, state, and federal governments to enact laws prohibiting the manufacture and sale of intoxicating beverages. The Anti-Saloon League, in particular, used the after-effects of World War I to push for national prohibition by associating drinking with being pro-German and playing on the prejudice and suspicion of foreigners following the war.
The Volstead Act consisted of three main sections: previously enacted war prohibition, prohibition as designated by the 18th Amendment, and industrial alcohol use. The Act prohibited the production, sale, transportation, and possession of beverages containing 0.5% or greater alcohol by volume. This stringent definition included not just distilled alcoholic beverages but also beer and light wines. While the Act allowed for licensed manufacture, production, use, and sale of alcohol for certain purposes (such as medicinal or religious use), it imposed strict penalties for violations, including fines, jail sentences, and property forfeiture.
The enforcement of the Volstead Act proved challenging. Neither federal nor local authorities committed the necessary resources to enforce the law effectively. The public's disregard for the law led to increased social acceptance of illegal drinking and a rise in organized crime violence. By 1932, polls showed that a majority of Americans believed that Prohibition had failed. In 1933, Congress passed the Cullen-Harrison Act, which legalized beverages with a low alcohol content, and the Blaine Act, a proposed constitutional amendment to repeal the 18th Amendment. On December 5, 1933, the 21st Amendment was ratified, repealing the 18th Amendment and ending the era of Prohibition in the United States.
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Anti-Saloon League
The Anti-Saloon League was a major force in American politics from 1893 to 1933. It was a leading organization in the fight against the manufacture, sale, and consumption of alcohol in the United States in the early 20th century. The League was founded as a state society in Oberlin, Ohio, in 1893, and its influence spread rapidly. In 1895, it became a national organization and quickly rose to become the most powerful prohibition lobby in America, overshadowing older groups such as the Woman's Christian Temperance Union and the Prohibition Party.
The League drew most of its support from Protestant evangelical churches and their congregations, especially Methodists, Baptists, Disciples, and Congregationalists. It concentrated on legislation and lobbied at all levels of government for laws to prohibit the manufacture, import, and sale of intoxicating beverages. The League also used emotion based on patriotism, efficiency, and anti-German sentiment during World War I. Activists saw themselves as preachers fulfilling their religious duty of eliminating liquor in America.
The League's most prominent leader was Wayne Wheeler, who conceived and drafted the bill for the National Prohibition Act, also known as the Volstead Act. Wheeler was joined by other influential leaders such as Ernest Cherrington and William E. "Pussyfoot" Johnson. The League used pressure politics in legislative politics, which it is credited with developing. It also invented many of the modern techniques of public relations, using oratory, campaigning, lobbying, and the printed word to reach its goal of a saloonless society. The American Issue Publishing Company produced a great volume of printed material for use in the League's campaigns.
The League had mixed results in its efforts, with more success in rural and Southern states than in larger cities. It also faced opposition from liturgical church members such as Catholics, Jews, Episcopalians, and German Lutherans. Despite these challenges, the Anti-Saloon League played a key role in the adoption of the Eighteenth (Prohibition) Amendment in 1919, which established the prohibition of alcoholic beverages in the United States Constitution. After the repeal of the Eighteenth Amendment in 1933, the League ceased to be a significant force in American politics.
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Public opposition
The Volstead Act prohibited the production, sale, transportation, and possession of beverages containing 0.5% or more alcohol by volume. This stringent definition included not only distilled spirits but also beer and light wines. While the Act allowed for licensed manufacture, production, use, and sale of alcohol for specific purposes, such as medicinal or religious use, it was subject to state or local restrictions.
By 1933, public opposition to Prohibition had become overwhelming. Congress passed the Cullen-Harrison Act, which legalised "3.2 beer" and wines with similarly low alcohol content, exceeding the 0.5% limit defined by the Volstead Act. In February 1933, Congress also passed the Blaine Act, a proposed constitutional amendment to repeal the 18th Amendment and end Prohibition. On December 5, 1933, Utah ratified the 21st Amendment, repealing the 18th Amendment, nullifying the Volstead Act, and restoring control of alcohol laws to the states.
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The Twenty-first Amendment
The Eighteenth Amendment, ratified on January 16, 1919, after years of advocacy by the temperance movement, prohibited the manufacture, sale, and transportation of alcohol. The subsequent enactment of the Volstead Act established federal enforcement of the nationwide prohibition on alcohol.
However, by the 1930s, overall public sentiment toward Prohibition had flipped from positive to negative. Many Americans continued to drink despite the amendment, leading to a profitable black market for alcohol and fueling the rise of organised crime. This gave rise to a political movement for the repeal of the Eighteenth Amendment.
Section 1 of the Twenty-first Amendment expressly repeals the Eighteenth Amendment, while Section 2 bans the importation of alcohol into states and territories that prohibit the importation or consumption of alcohol. Several states continued to be "dry states" in the years after the Twenty-first Amendment, and some still closely regulate alcohol distribution today.
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Frequently asked questions
The Volstead Act, or the National Prohibition Act, was an act of the 66th United States Congress designed to execute the 18th Amendment, which established the prohibition of alcoholic drinks.
The Volstead Act prohibited the production, sale, transportation, and possession of beverages that contained 0.5% or greater alcohol by volume. It also set forth the fines and jail sentences for the manufacture, sale and movement of alcoholic beverages, as well as the powers of search and seizure for law enforcement.
The Volstead Act was enacted on October 28, 1919, and came into effect on January 16, 1920.
