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.


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.


Federal Preemption of State and Local Law

Federal Preemption of State and Local Law

Author: James T. O'Reilly

Publisher: American Bar Association

Published: 2006

Total Pages: 252

ISBN-13: 9781590317440

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Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.


The Twenties

The Twenties

Author: George Edwin Mowry

Publisher: Literary Licensing, LLC

Published: 2012-04-01

Total Pages: 194

ISBN-13: 9781258285630

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Contributing Authors Include Edward Earl Purinton, Arlington Stone, Stuart Chase And Many Others.


Last Call

Last Call

Author: Daniel Okrent

Publisher: Simon and Schuster

Published: 2010-05-11

Total Pages: 506

ISBN-13: 1439171696

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A brilliant, authoritative, and fascinating history of America’s most puzzling era, the years 1920 to 1933, when the U.S. Constitution was amended to restrict one of America’s favorite pastimes: drinking alcoholic beverages. From its start, America has been awash in drink. The sailing vessel that brought John Winthrop to the shores of the New World in 1630 carried more beer than water. By the 1820s, liquor flowed so plentifully it was cheaper than tea. That Americans would ever agree to relinquish their booze was as improbable as it was astonishing. Yet we did, and Last Call is Daniel Okrent’s dazzling explanation of why we did it, what life under Prohibition was like, and how such an unprecedented degree of government interference in the private lives of Americans changed the country forever. Writing with both wit and historical acuity, Okrent reveals how Prohibition marked a confluence of diverse forces: the growing political power of the women’s suffrage movement, which allied itself with the antiliquor campaign; the fear of small-town, native-stock Protestants that they were losing control of their country to the immigrants of the large cities; the anti-German sentiment stoked by World War I; and a variety of other unlikely factors, ranging from the rise of the automobile to the advent of the income tax. Through it all, Americans kept drinking, going to remarkably creative lengths to smuggle, sell, conceal, and convivially (and sometimes fatally) imbibe their favorite intoxicants. Last Call is peopled with vivid characters of an astonishing variety: Susan B. Anthony and Billy Sunday, William Jennings Bryan and bootlegger Sam Bronfman, Pierre S. du Pont and H. L. Mencken, Meyer Lansky and the incredible—if long-forgotten—federal official Mabel Walker Willebrandt, who throughout the twenties was the most powerful woman in the country. (Perhaps most surprising of all is Okrent’s account of Joseph P. Kennedy’s legendary, and long-misunderstood, role in the liquor business.) It’s a book rich with stories from nearly all parts of the country. Okrent’s narrative runs through smoky Manhattan speakeasies, where relations between the sexes were changed forever; California vineyards busily producing “sacramental” wine; New England fishing communities that gave up fishing for the more lucrative rum-running business; and in Washington, the halls of Congress itself, where politicians who had voted for Prohibition drank openly and without apology. Last Call is capacious, meticulous, and thrillingly told. It stands as the most complete history of Prohibition ever written and confirms Daniel Okrent’s rank as a major American writer.


Citizenship as Foundation of Rights

Citizenship as Foundation of Rights

Author: Richard Sobel

Publisher: Cambridge University Press

Published: 2016-10-26

Total Pages: 245

ISBN-13: 1107128293

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Citizenship as Foundation of Rights explains what it means to have citizen rights and how national identification requirements undermine them.