The Alcohol Amendments

Amendment 18 Title - Prohibition of Liquor Ratified on January 16, 1919 “After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.” - Section 1

Origin of Amendment 18 Many groups opposed the consumption of alcohol and called for temperance (abstinence of alcohol) based on moral arguments. Protestants (including Baptists, Methodists, and Presbyterians) called drinking a sin The Women’s Christian Temperance Union blamed alcohol for problems in the home The Anti-Saloon League advocated for laws to suppress the ability of a business to serve alcohol

Origin of Amendment 18 Prohibition began at the state level -- Many states had already enacted prohibition laws The amendment was passed by Congress in 1917, and ratification by the States happened pretty fast! Mississippi was the first ratify the amendment on January 7, 1918 When Nebraska became the 36th state out of the 48 states on January 16, 1919, the amendment was ratified (three-fourths of the states approved) The Volstead Act implemented nationwide prohibition starting no later than January 17, 1920. Fun fact: West Virginia was the 21st state to ratify in 1919, but it had already been a dry state since 1914 under the Yost Law.

What part of the Constitution was changed? While there is no exact reference ensuring a person’s right to manufacture, sell, or transport alcohol in the Constitution, this was the very first amendment that limited a citizen’s personal liberties. “We the People … and secure the Blessings of Liberty to ourselves and our Posterity” So why was an amendment needed? Why not just a national law? What about current bans on substances?

Events/Trends During this time Second Great Awakening - religious movement that preached against consumption Women’s fight for equality Women’s suffrage - women would gain their right to vote with the 19th Amendment on August 18, 1920. Many women supported prohibition. Flappers - empowered women of the 1920s who smoke, drank, danced, wore short skirts, had short hair, and voted 16th Amendment Since the government would be receiving revenue from the income tax, alcohol revenues was not as important Organized Crime A negative effect of prohibition was the increase in organized crime. A great example is Al Capone, one of the most famous mobsters.

Amendment 21 Title - Repeal of Prohibition Ratified December 5, 1933 Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Origins of Amendment 21 After 14 years, prohibition was seen as a noble, but failed experiment People had easy, cheap access to alcohol The nation’s societal problems still existed Organized crime and corruption had increased Prohibition laws were hard to enforce Saloons had been replaced with speakeasies The 21st amendment is the only amendment to 1) repeal another amendment and 2) be ratified via conventions (Since the temperance movement still had a lot of support, legislators were scared to anger lobbyists)

What part of the Constitution was changed? Amendment 21 repealed, or canceled out, Amendment 18. Section 1 of Amendment 21 states that Amendment 18 is repealed. Section 2 of Amendment 21 states that the power of alcohol regulation is given back to the states and limits the power of the federal government to regulate state alcohol policies. States often delegate alcohol regulation to counties and localities - e.g. “dry counties” Although states can decide the drinking age, the National Minimum Drinking Age Act of 1984 is a federal law that states the drinking age cannot be set below 21. So, the states have all set 21 as their drinking age.

Events/Trends During this Time Second Great Awakening - religious movement that preached against consumption Women’s fight for equality Women’s suffrage - women would gain their right to vote with the 19th Amendment on August 18, 1920. Many women supported prohibition. Flappers - empowered women of the 1920s who smoke, drank, danced, wore short skirts, had short hair, and voted Organized Crime A negative effect of prohibition was the increase in organized crime. A great example is Al Capone, one of the most famous mobsters.

Connection to Group Theme Amendment 18 is linked to Amendment 21, because they both deal with the regulation of alcohol. Amendment 18 makes it illegal to manufacture, sell, or transport alcohol. Amendment 18 is the only amendment that has ever been repealed. Amendment 18 is canceled out by Amendment 21.

Citations https://www.constitutionfacts.com/us-constitution-amendments/amendments-in-history/ https://constitutioncenter.org/interactive-constitution?utm_source=web&utm_medium=homepage&utm_campaign=IC http://billofrightsinstitute.org/wp- content/uploads/2013/03/CAPProbition_Essay2.pdf http://www.encyclopedia.com/social-sciences/news-wires-white-papers-and- books/temperance-movement-and-prohibition The Constitution - Preamble and Amendments 18&21