Simone Lawson
The Eighteenth Amendment to the United States Constitution, which established the prohibition of alcohol, was proposed by Congress on December 18, 1917, and ratified on January 16, 1919. It was the result of decades of efforts by the temperance movement, which argued that banning alcohol would eliminate poverty and other societal issues. The amendment prohibited the production, transportation, and sale of intoxicating liquors, but not their consumption. It was eventually repealed by the Twenty-First Amendment, which was proposed by Congress in February 1933 and ratified later that year. The Twenty-First Amendment reversed the Eighteenth Amendment's provisions and ended the Prohibition Era.
| Characteristics | Values |
|---|---|
| 18th Amendment proposed by | Congress |
| Date proposed | December 18, 1917 |
| 18th Amendment ratified by | 36 of 48 states |
| Date ratified | January 16, 1919 |
| What it did | Prohibited the manufacture, transportation, and sale of alcohol |
| What ended it | 21st Amendment |
| 21st Amendment proposed by | Congress |
| Date proposed | February 20, 1933 |
| 21st Amendment ratified by | State conventions |
| Date ratified | December 5, 1933 |
| What it did | Repealed the 18th Amendment |
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What You'll Learn
The Eighteenth Amendment to the United States Constitution
The amendment was first proposed by Congress on December 18, 1917, and was ratified by the requisite three-fourths of the states on January 16, 1919. The Eighteenth Amendment made it illegal to manufacture, transport, and sell intoxicating liquors, although it did not outlaw the consumption of alcohol. The National Prohibition Act, commonly referred to as the Volstead Act, was passed by Congress to enforce the amendment.
The Eighteenth Amendment proved to be highly unpopular, and public sentiment turned against it by the late 1920s. The amendment led to a surge in illegal alcohol manufacturing, with criminal organisations increasing their involvement in the production and sale of alcohol. The Great Depression further hastened the demise of the amendment, as opponents argued that the ban on alcohol denied jobs to the unemployed and much-needed revenue to the government.
The Twenty-first Amendment, ratified in 1933, eventually repealed the Eighteenth Amendment. The repeal of the Eighteenth Amendment is unique in American history, as it is the only constitutional amendment to have been repealed.
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Prohibition of alcohol
The Eighteenth Amendment to the United States Constitution established the prohibition of alcohol in the country. The amendment was proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919. It declared the production, transport, and sale of intoxicating liquors illegal, though it did not outlaw the consumption of alcohol.
The Eighteenth Amendment 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 ameliorate societal problems such as immoral sexual behaviour and violence. The movement also believed that prohibition would inspire new forms of sociability, create happier families, reduce workplace accidents, and improve the world overall. The Anti-Saloon League (ASL), founded in 1893 in Oberlin, Ohio, started a campaign in 1906 to ban the sale of alcohol at the state level. By 1916, 23 of 48 states had already passed laws against saloons, with some even banning the manufacture of alcohol.
The enactment of the Eighteenth Amendment in 1919 was considered a progressive amendment and the crowning achievement of the temperance movement. However, it soon proved highly unpopular. Despite the amendment, many Americans continued to drink, and prohibition gave rise to a profitable, often violent, black market for alcohol, fuelling the rise of organised crime. Crime rates soared, and gangsters, such as Chicago's Al Capone, became rich from the illicit alcohol trade.
As the years went on, Americans increasingly saw Prohibition as unenforceable, and a movement to repeal the Eighteenth Amendment gained momentum. Public sentiment turned against Prohibition by the late 1920s, and the Great Depression hastened its demise, with opponents arguing that the ban denied jobs to the unemployed and revenue to the government. In 1932, Franklin D. Roosevelt, the Democratic presidential candidate, included a plan for repealing the Eighteenth Amendment in his platform, and his victory that November led to the end of Prohibition.
The Twenty-first Amendment, which repealed the Eighteenth Amendment, was proposed by the 72nd Congress on February 20, 1933, and ratified by the requisite number of states on December 5, 1933. It is the only amendment in American history to repeal a prior amendment and the only one to have been ratified by state ratifying conventions. The Twenty-first Amendment expressly repealed the Eighteenth Amendment and modified the Volstead Act to permit the sale of beer.
Even after the repeal of Prohibition, several states continued to be "dry states", closely regulating the distribution of alcohol. Many states delegate their authority over alcohol to counties and municipalities, and there are numerous dry communities throughout the United States.
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The role of the temperance movement
The temperance movement was driven by religious groups who considered alcohol, and specifically drunkenness, to be a "national curse". This movement was part of a wider wave of intense religious revivalism that swept the U.S. in the 1820s and 30s. The first temperance legislation appeared in 1838, in the form of a Massachusetts law prohibiting the sale of spirits in quantities of less than 15 gallons.
The movement was also imbued with nostalgia for a "bucolic and mythic past" in which behaviour was managed by a "patriarchal guardianship". The idea was that the body politic needed to be kept free from the "infection" of alcohol. Once the liquor industry was removed, health would be restored.
The Anti-Saloon League (ASL), founded in 1893 in Ohio, was a powerful advocate for the movement. It later expanded into a national organisation that endorsed political candidates and lobbied for legislation against saloons. Beginning in 1906, the ASL led a renewed call for prohibition legislation at the state level. Through speeches, advertisements, and public demonstrations at saloons and bars, prohibition advocates attempted to convince people that eliminating alcohol from society would eliminate poverty and social vices, such as immoral behaviour and physical violence.
By 1916, 23 of 48 states had passed anti-saloon legislation, and "dry" members (those who favoured a national prohibition of alcohol) won a two-thirds majority in Congress. On January 16, 1919, the requisite number of states ratified the 18th Amendment, prohibiting the manufacture, transportation, and sale of alcohol within the United States.
However, prohibition proved difficult to enforce and led to a rise in organised crime as bootlegging became increasingly lucrative. The business community recognised that the limits of regulation were difficult to confine. By the late 1920s, public sentiment had turned against prohibition, and the onset of the Great Depression further hastened its demise. In 1932, Democratic presidential candidate Franklin D. Roosevelt ran on a platform that included repealing the 18th Amendment, and his victory marked the end of Prohibition. In February 1933, Congress adopted a resolution proposing the 21st Amendment to the Constitution, which repealed the 18th Amendment and the Volstead Act.
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The amendment's ratification and enforcement
The 18th Amendment to the U.S. Constitution was ratified on January 16, 1919, after years of advocacy by the temperance movement. The amendment prohibited the manufacture, transportation, and sale of intoxicating liquors, although it did not outlaw the consumption of alcohol.
The ratification of the 18th Amendment ushered in a period known as Prohibition. While the amendment led to a decline in alcohol consumption, it proved difficult to enforce, particularly in cities. Loopholes in the Volstead Act, which provided for the federal enforcement of Prohibition, further hampered enforcement. For example, liquor for medicinal, sacramental, or industrial purposes remained legal, as did fruit or grape beverages prepared at home.
As a result of the difficulties in enforcement, crime rates soared during Prohibition as gangsters, such as Chicago's Al Capone, profited from the black market for alcohol. The federal government was incapable of stemming the tide, and corruption was rife among law enforcement agencies. Prisons became crowded, leading to fewer arrests for alcohol distribution and smaller fines for those arrested.
Public sentiment turned against Prohibition by the late 1920s, and as the years went on, more and more Americans opposed the 18th Amendment. A political movement for its repeal grew, driven by groups such as the nonpartisan Association Against the Prohibition Amendment (AAPA). In 1932, Democratic presidential candidate Franklin D. Roosevelt ran on a platform that included repealing the 18th Amendment, and his victory that November sealed the fate of Prohibition.
In February 1933, Congress adopted a resolution proposing the 21st Amendment, which repealed the 18th Amendment and modified the Volstead Act to permit the sale of beer. The resolution required approval by state conventions, effectively making it a one-state, one-vote referendum. On December 5, 1933, Utah became the 36th state to ratify the amendment, achieving the necessary majority for repeal. The 21st Amendment officially ended national prohibition and was the first and only amendment to be ratified by state ratifying conventions.
While the 21st Amendment repealed Prohibition at the federal level, several states continued to be "dry states" in the years after the repeal, and some continue to closely regulate the distribution of alcohol today.
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The Twenty-first Amendment's repeal
The Twenty-first Amendment to the United States Constitution, also known as the “Repeal of Prohibition”, was proposed by the 72nd Congress on February 20, 1933, and ratified on December 5, 1933. It repealed the Eighteenth Amendment, which had established a nationwide ban on the manufacture, sale, and transportation of alcohol.
The Eighteenth Amendment was the result of years of advocacy by the temperance movement and was ratified on January 16, 1919. Federal enforcement of the nationwide prohibition on alcohol was established by the Volstead Act. While the immediate impact of Prohibition appeared positive, with a decline in alcohol-related crimes, the situation changed as the years went on. Illegal alcohol production increased to meet rising demand, and criminal organisations, such as the Chicago Outfit led by Al Capone, became increasingly involved in the illicit alcohol trade, bribing businesses, political leaders, and police departments.
As more and more Americans opposed the Eighteenth Amendment, a political movement for its repeal grew. The Twenty-first Amendment is unique among the 27 amendments to the U.S. Constitution as it is the only one to repeal a prior amendment. It is also unique in being the only amendment ratified by state ratifying conventions. The text of the Twenty-first Amendment expressly repealed the Eighteenth Amendment and banned the importation of alcohol into states and territories that continued to prohibit alcohol.
Several states continued to be "dry states" after the repeal, and some still closely regulate alcohol distribution today. The Twenty-first Amendment has been the subject of several Supreme Court cases, particularly regarding the authority of states to regulate the transportation of alcoholic beverages and the limitations on advertising and pricing.
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Frequently asked questions
The Eighteenth Amendment to the United States Constitution, which prohibited the manufacture, transportation, and sale of alcohol, was the result of a decades-long temperance movement. The Anti-Saloon League, founded in 1893, played a significant role in campaigning for the amendment.
The Twenty-first Amendment was proposed by Congress on February 20, 1933, and ratified on December 5, 1933. It was adopted to repeal the Eighteenth Amendment and put an end to Prohibition.
The Eighteenth Amendment was the result of a growing temperance movement, driven by religious groups who believed that alcohol and drunkenness were a threat to the nation. The Twenty-first Amendment was created to repeal the Eighteenth Amendment as public sentiment turned against Prohibition, especially during the Great Depression.
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