INTRODUCTION TO AMENDMENT XVIII

This path ultimately led to the implementation of the 18th Amendment began the century before.  In the 19th century, the country was facing unchecked alcohol consumption and drunkenness.  This phenomenon was both in men and women; yet it seemed to overwhelmingly affect men at a rate three times our current average consumption.^[2]  Significant problems within the country are typically met with a process including one of two choices either:

1. Regulate one’s own behavior and actions or

2. Regulate behavior and actions with legislation.

This particular issue was no exception.  It appeared that those who lived during this important period became increasingly concerned of the affairs of the individuals and the country for that matter.  In fact, women and children suffered greatly as they were completely and utterly reliant upon men for finances.  Alcohol abuse was taking its toll on the proper functioning of the home.^[3]  To resolve mounting difficulties, blatant disrespect and to prevent disassociation, women adamantly advocated for temperance in alcohol consumption which led to the Temperance Movement.  The Temperance Movement was “rooted in America’s Protestant churches, first urged moderation, then encouraged drinkers to help each other to resist temptation, and ultimately demanded that local, state, and national governments prohibit alcohol outright.”^[4]

The Temperance Movement began in the early part of the 19th century in response to the increased drunkenness and lack of control of drunken bouts.  The Temperance Movement worked to reduce alcohol consumption in two ways: complete abstinence or moderation of consumption.  Both the United States and Great Britain recognized that these behaviors would carry a lasting effect upon their countries if left unchecked.^[5]  Within the United States, this effort was spearheaded by women in religious and secular organizations as some places required abstinence pledges, while others formed temperance societies engaging in important advocacy efforts to combat the evil woes of the destruction that drunkenness can cause on families and the society.^[6]

The Women’s Christian Temperance Union^[7]

In 1874, the Women’s Christian Temperance Union (WCTU) was created in Ohio to address the atrocities of drunkenness.^[8]  Recall, women did not possess legal rights such as the right to vote, however women were able to address this problem from a grassroots approach.  Because of its breadth and depth of influence, the WCTU would become the largest woman’s organization in the United States.^[9]The symbolic white ribbon was selected to indicate purity, and the WCTU’s platform included its clarion call to action: “Agitate – Educate – Legislate.”^[10] 

WCTU and other temperance societies were typically religious groups that sponsored lectures and marches, sang songs, and published tracts that warned about the destructive consequences of alcohol.  Eventually these temperance societies began to promote the virtues of abstinence or “teetotalism.”  By the 1830s and the 1840s many societies in the United States began asking people to sign “pledges” promising to abstain from all intoxicating beverages.  However, just as most movements needed in the past, this movement needed help from partners to catapult it ahead.  One such partner was the Prohibition Party.

The Prohibition Party^[11]

The Prohibition Party is defined as the “oldest minor United States political party still in existence.  It was founded in 1869 to campaign for legislation to prohibit the manufacture and sale of intoxicating liquors, and from time to time has nominated candidates for state and local office in nearly every state of the Union.”^[12]  This foundation would ultimately be included in the verbiage of the 18th Amendment itself.^[13]  Notably, the Prohibition Party was the first movement of its scale to accept women as members.^[14]   This monumental occurrence appeared to create a bedrock foundation for women’s advocacy that made direct connections to women’s suffrage efforts later.^[15]

This connection is explored under the Nineteenth Amendment in Chapter 14.  Unfortunately, women did not carry the political power that men enjoyed due to their positions of status, authority, and standing in religious organizations.  In 1898, an all-men’s organization took the reins in the fight against prohibition nationwide.  The Anti-Saloon League (ASL), employed “by any means necessary” tactics to further their efforts to pass national legislation surrounding prohibition.  ASL introduced a new technique of “‘pressure politics,’ a strategy that uses media, publications, and behind-the-scenes influence to persuade politicians that the public demands an action.”^[18]  This became the predecessor of many campaigns including President Barack Obama’s strategic use of social media to elevate his campaign.  “Three-quarters (74%) of internet users went online during the 2008 election to take part in, or get news and information about the 2008 campaign.”^[19]  The ASL was able to provide this type of pressure as it owned its own publishing house: The American Issue Publishing Company.^[20]  At the height of the League’s popularity, it published more than forty tons of prohibition publications every month.^[21]

As with most grassroots efforts, many Americans were impressed to take notice and join the fight.  As previously stated, the issue of drunkenness touched the country as a whole and caused confusion, division, and general unproductiveness.  On October 28, 1919, Congress passed the National Prohibition Act, also known as The Volstead Act, to combat the issues that it knew it would face enforcing the Eighteenth Amendment.^[22]  The ratification of the 18th Amendment created a different nation.  Although the Eighteenth Amendment did not take effect until one year, it still seemed to catch the country by surprise, as illustrated below.

“…Americans would only be able to own whatever alcoholic beverages [that] had been in their homes the day before.  In fact, Americans had had several decades’ warning, decades during which a popular movement like none the nation had ever seen—a mighty alliance of moralists and progressives, suffragists and xenophobes—had legally seized the Constitution, bending it to a new purpose.”^[23]

Freedom is not absolute.  The Eighteenth Amendment, and all of the legislation to support its enforcement, reminded the country of this fact.  In fact, those who broke with a country with parameters may later follow the same process to reinstate the parameters.

Amendment XVIII

Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by the 21st Amendment, December 5, 1933.

Section 1

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 2

The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.

Section 3

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.

Amendment XVIII^[24]

ANALYSIS OF AMENDMENT XVIII

Section 1

a.  After one year from the ratification of this article

This part of §1 serves as a reminder to the reader that the amendment needs additional steps for effectiveness according to its verbiage.  The one year stay or postponement of the amendment notes to the reader that there was a need for additional concern even after its creation and ratification.  The creation date of December 18, 1917 to the date of ratification with the requisite number of states would be more than one year on January 16, 1919.  This section requires ratification similar to all others, but included specific language after the ratification or “[a]doption or enactment, especially where the act is the last in a series of necessary steps or consents.”^[25]  Of particular note is that the amendment itself has explicit implication issues as it provides an extended amount of time to become effective.  This newly include section was necessary for adoption of the amendment.  This interference added more than 128 years earlier to the Bill of Rights.  To help ease the effect of Prohibition, those on American soil were given one year to become acclimated, dry, or otherwise determine other ways to deal with its ratification.  In short, the country was in an alcohol crisis, but the framers understood that the crisis would not be resolved overnight.

Section 2

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 2 of the Eighteenth Amendment empowers others to work with Congress to face the mounting opposition of §1 of the Eighteenth Amendment.  One important piece of legislation that would help settle the previous question of what the term “intoxicating liquors” means through its enactment is the Volstead Act.  This Act directly named beer, wine, and extended its meaning to “spirits” as well.  Recall the definition for intoxicating liquors according to the Volstead Act.  The verbiage of §2, identifies a new support for the amendments.  Readers witness the simultaneous approach of the federal legislative body which yields its authority from Article I and consistently serves as a checks and balances on the other branches of government.

Interestingly, the verbiage of “and the several states” was included to acknowledge this as a joint effort.  What significance does this hold?  Well it appears that the passage of the Eighteenth Amendment would require additional assistance.  Congress yielded to this concern and passed the Volstead Act as previously stated.  To the surprise of Prohibitionists, the act included an extensive provision which increased issues with enforcing Prohibition.  Initially, the 18th amendment appeared to respond to the issues connected to alcoholism as an advantage, some disadvantages manifested as well.  One such disadvantage – a criminal syndication regarding the black market for manufacture, sale, transportation, exportation and importation of “intoxicating liquors” emerged and organized in response to the Eighteenth Amendment.  This newfound blatant disregard for the law and authority provided a grassroots approach to set the stage for repealing the Eighteenth Amendment.^[30]

Section 3

This article shall be inoperative

unless it shall have been ratified as an amendment to the Constitution

by the legislatures of

the several States, as provided in the Constitution,

within seven years from the date of the submission hereof to the States by the Congress.

This part of §3 reminds the reader of the previously explained history with the Eighteenth Amendment.  According to Black’s Law Dictionary, inoperative is defined as “[h]aving no force or effect; not operative.^[31]  This reminds the reader of the typical method of creating and adopting the language by the framers, then proceeding to ratification.  The framers provide a look into just how concerned they were about this amendment taking full effect when it adds all parameters of State legislatures as well as a time limit of seven years (uncommon language for the Constitution).

It is important to note that the Eighteenth Amendment and the Nineteenth Amendment were inextricably connected.  This connection provided the catalyst for supporting the right to vote of countless women.  In fact no one could ever determine how far the ratification of the Eighteenth Amendment’s reach would affect the landscape of America’s evolution.

As one may notice, the Eighteenth Amendment was not just about drunkenness but carried the larger conversation of rights, freedoms, limits, Congress, the power of the Supreme Court of the United States, and how it would all balance for those on American soil.

Amendment XXI

Passed by Congress February 20, 1933. Ratified December 5, 1933. The 21st Amendment repealed the 18th Amendment.

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.

Section 3

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Amendment XXI^[33]

INTRODUCTION TO AMENDMENT XXI

How did we get to this point in history?

The Presidential election of 1928 between Republican Herbert Hoover and Democrat Alfred E. Smith highlighted and centered the much debated political topic of Prohibition.  Hoover hailed a “law and order” approach, where he vowed to uphold the law and prosecute those who dare to challenge Prohibition maintaining order.  On the other hand, Smith highlighted the effects of Prohibition, including the advent of organized crime and blatant disregard for the law.^[34]  Apparently, the country agreed with Hoover because he won the election by substantial numbers.  Despite this agreement, the 1932 Presidential election campaign indicated a great shift in the country’s position.

The country believed the missing revenue from the sale of liquor could provide an answer to the major economic depression which the country faced, but Hoover refused to change his position.  Unfortunately for Hoover, the country now supported repealing the Eighteenth Amendment, and his opponent, Franklin D. Roosevelt, campaigned for this position.  Simultaneously, …”eleven states held referendums on Prohibition, and repeal won in every state by wide margins.  This convinced Congress to move quickly in voting for the Twenty-first Amendment.  As a consequence of the Prohibition experience, Congress became more wary of employing constitutional solutions for social and moral problems.”^[35]

Thus the Twenty-first Amendment effectively repealed a national stance on Prohibition, but left implementation of a similar action to states as they worked to create their own parameters and restrictions on the “intoxicating liquors.”

ANALYSIS OF AMENDMENT XXI

Section 1

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 1 of the Twenty-first Amendment refers directly to the Eighteenth Amendment. the reader is notified that all three sections of the Eighteenth Amendment are repealed.  According to Black’s Law Dictionary, the term repeal means “[a]brogation of an existing law by express legislative act; rescind.”^[36]  Essentially, the Twenty-first Amendment indicates that the amendment rescinds the Eighteenth Amendment.  Additionally, it allows for what should occur with all three sections as previously identified in the Eighteenth Amendment.

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.

Section 2 continues to prohibit transportation or importation of intoxicating liquors, however.

Section 3

This article shall be inoperative

unless it shall have been ratified as an amendment to the Constitution

by conventions in

the several States, as provided in the Constitution,

within seven years from the date of the submission hereof to the States by the Congress.

This section provided the process with regard to ratification.  The Twenty-first amendment is the only amendment which was ratified, not by the legislatures of the states, but by state ratifying conventions, as called for by the Amendment’s third section.  Click the citation for the  timeline of the actions leading to, during and after the Eighteenth and Twenty-first timeline to help visualize its evolution and information.^[37]

Ultimately, the Twenty-first Amendment was precipitated and supported for a reason which may be less constitutional and more economic.  With the income tax implemented and void of constitutional questions within the 16th Amendment, supporters of repealing the Eighteenth Amendment remind the opposition that the manufacture, sale, importation, transportation and exportation has great economic potential and benefit.  As the country faced another economic challenge, the promise of additional taxation carried a newfound acceptance of the ills of alcohol and the effects on society.

Critical Reflections:

1. How did the perceived ills of society provide the impetus for the eventual passage of Prohibition?
2. Does the government have the right to legislate our personal behavior as was done with the Eighteenth Amendment?  Why or why not?
3. How does the Nineteenth Amendment and its ratification date connect to the Eighteenth Amendment and the efforts of the Prohibition movement?
4. How did the experience of ratifying and later rescinding Prohibition alter the country’s norms of personal conduct?