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.


Repealing National Prohibition

Repealing National Prohibition

Author: Honorée Fanonne Jeffers

Publisher: Kent State University Press

Published: 2000

Total Pages: 310

ISBN-13: 9780873386722

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A study of the political reaction against the 18th Amendment, a response that led to its reversal 14 years later by the 21st Amendment. This work uses archival evidence to examine the liquor ban and to draw attention to the bi-partisan movement led by the Association Against Prohibition Amendment.


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


A Look at the Eighteenth and Twenty-first Amendments

A Look at the Eighteenth and Twenty-first Amendments

Author: Amy Graham

Publisher: Enslow Publishing, LLC

Published: 2008-01-01

Total Pages: 132

ISBN-13: 9781598450637

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Showcases the major amendments to the Constitution since its ratification in 1792, summarizing how the Constitution and the Bill of Rights were created and discussing how each amendment affects our lives today.


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.


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.


Dry Manhattan

Dry Manhattan

Author: Michael A. Lerner

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 361

ISBN-13: 0674040090

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In 1919, the United States made its boldest attempt at social reform: Prohibition. This "noble experiment" was aggressively promoted, and spectacularly unsuccessful, in New York City. In the first major work on Prohibition in a quarter century, and the only full history of Prohibition in the era's most vibrant city, Lerner describes a battle between competing visions of the United States that encompassed much more than the freedom to drink.