Prohibition, the Constitution, and States' Rights

Prohibition, the Constitution, and States' Rights

Author: Sean Beienburg

Publisher: University of Chicago Press

Published: 2019-06-20

Total Pages: 333

ISBN-13: 022663213X

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Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.


Prohibition

Prohibition

Author: W. J. Rorabaugh

Publisher: Oxford University Press

Published: 2018

Total Pages: 145

ISBN-13: 0190689935

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Americans have always been a hard-drinking people, but from 1920 to 1933 the country went dry. After decades of pressure from rural Protestants such as the hatchet-wielding Carry A. Nation and organizations such as the Women's Christian Temperance Union and Anti-Saloon League, the states ratified the Eighteenth Amendment to the Constitution. Bolstered by the Volstead Act, this amendment made Prohibition law: alcohol could no longer be produced, imported, transported, or sold. This bizarre episode is often humorously recalled, frequently satirized, and usually condemned. The more interesting questions, however, are how and why Prohibition came about, how Prohibition worked (and failed to work), and how Prohibition gave way to strict governmental regulation of alcohol. This book answers these questions, presenting a brief and elegant overview of the Prohibition era and its legacy. During the 1920s alcohol prices rose, quality declined, and consumption dropped. The black market thrived, filling the pockets of mobsters and bootleggers. Since beer was too bulky to hide and largely disappeared, drinkers sipped cocktails made with moonshine or poor-grade imported liquor. The all-male saloon gave way to the speakeasy, where together men and women drank, smoked, and danced to jazz. After the onset of the Great Depression, support for Prohibition collapsed because of the rise in gangster violence and the need for revenue at local, state, and federal levels. As public opinion turned, Franklin Delano Roosevelt promised to repeal Prohibition in 1932. The legalization of beer came in April 1933, followed by the Twenty-first Amendment's repeal of the Eighteenth that December. State alcohol control boards soon adopted strong regulations, and their legacies continue to influence American drinking habits. Soon after, Bill Wilson and Dr. Bob Smith founded Alcoholics Anonymous (AA). The alcohol problem had shifted from being a moral issue during the nineteenth century to a social, cultural, and political one during the campaign for Prohibition, and finally, to a therapeutic one involving individuals. As drinking returned to pre-Prohibition levels, a Neo-Prohibition emerged, led by groups such as Mothers against Drunk Driving, and ultimately resulted in a higher legal drinking age and other legislative measures. With his unparalleled expertise regarding American drinking patterns, W. J. Rorabaugh provides an accessible synthesis of one of the most important topics in US history, a topic that remains relevant today amidst rising concerns over binge-drinking and alcohol culture on college campuses.


The Heritage Guide to the Constitution

The Heritage Guide to the Constitution

Author: David F. Forte

Publisher: Simon and Schuster

Published: 2014-09-16

Total Pages: 644

ISBN-13: 1621573524

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A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation


Constitutionalism and the Rule of Law

Constitutionalism and the Rule of Law

Author: Maurice Adams

Publisher: Cambridge University Press

Published: 2017-02-02

Total Pages: 559

ISBN-13: 1316883256

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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.


American Women and the Repeal of Prohibition

American Women and the Repeal of Prohibition

Author: Kenneth D. Rose

Publisher: NYU Press

Published: 1997-06

Total Pages: 253

ISBN-13: 0814774660

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Rose (history, California State U.) analyzes the political mechanisms used to repeal the Eighteenth Amendment prohibiting the manufacture and sale of alcohol. What makes the work unique is his emphasis on the role of women's organizations in both prohibition and repeal, and how the arguments used by women's organizations to promote the Eighteenth Amendment in 1923 were used by opponents to repeal it in 1933--specifically, the idea of "home protection," which was a socialist feminist ideology held by both groups. The author is dedicated to recovering the history of politically conservative women who have been traditionally ignored or dismissed in other historical studies. Annotation copyright by Book News, Inc., Portland, OR


The War on Alcohol: Prohibition and the Rise of the American State

The War on Alcohol: Prohibition and the Rise of the American State

Author: Lisa McGirr

Publisher: W. W. Norton & Company

Published: 2015-11-30

Total Pages: 450

ISBN-13: 0393248798

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“[This] fine history of Prohibition . . . could have a major impact on how we read American political history.”—James A. Morone, New York Times Book Review Prohibition has long been portrayed as a “noble experiment” that failed, a newsreel story of glamorous gangsters, flappers, and speakeasies. Now at last Lisa McGirr dismantles this cherished myth to reveal a much more significant history. Prohibition was the seedbed for a pivotal expansion of the federal government, the genesis of our contemporary penal state. Her deeply researched, eye-opening account uncovers patterns of enforcement still familiar today: the war on alcohol was waged disproportionately in African American, immigrant, and poor white communities. Alongside Jim Crow and other discriminatory laws, Prohibition brought coercion into everyday life and even into private homes. Its targets coalesced into an electoral base of urban, working-class voters that propelled FDR to the White House. This outstanding history also reveals a new genome for the activist American state, one that shows the DNA of the right as well as the left. It was Herbert Hoover who built the extensive penal apparatus used by the federal government to combat the crime spawned by Prohibition. The subsequent federal wars on crime, on drugs, and on terror all display the inheritances of the war on alcohol. McGirr shows the powerful American state to be a bipartisan creation, a legacy not only of the New Deal and the Great Society but also of Prohibition and its progeny. The War on Alcohol is history at its best—original, authoritative, and illuminating of our past and its continuing presence today.


The People’s Constitution

The People’s Constitution

Author: John F. Kowal

Publisher: The New Press

Published: 2021-09-21

Total Pages: 493

ISBN-13: 1620975629

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The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.