Prohibition Amendment

Key Dates of the Prohibition Amendment

Prohibition of Alcohol Amendment

The text of the Prohibition Amendment spells out the illegal activities related to alcohol in Section 1. Section 2 allocates enforcement responsibility, while Section 3 references the constitutional requirements of an amendment.

Text of the 18th Amendment

Section 1 of the 18th Amendment

Section 2 of the 18th Amendment

Section 2 provides for additional legislation to appropriate funding and direct law enforcement on the federal level to carry out the law. Importantly, the individual states were tasked with state-level enforcement and regulations.

Section 3 of the 18th Amendment

This section spelled out the timeline for ratification and ensured action must be taken at the state level to complete the process.

The Meaning and Effects of the Prohibition Amendment

During the "roaring" 1920s, an entertainment revolution centered around cinema & radio, and jazz clubs took hold in America. During this decade, the 18th Amendment ushered in a period known as Prohibition, during which alcohol sales, manufacture, and transport were illegal.

The period of Prohibition lasted from 1920 to 1933 and criminalized the actions of many citizens. It was illegal to produce, transport, or sell alcohol, making purchasing it illegal. The 18th Amendment ushered in Prohibition, a failed national experiment that was repealed through the 21st Amendment.

Prohibition and Crime

The Prohibition of alcohol led to an increase in criminal activity and organized crime. Mafia bosses such as Al Capone profited from the illegal production and sale of alcoholic beverages. Many Americans became criminals involved in transporting and selling alcohol to meet the continuing demand. Rates of imprisonment, violent crime and drunk and disorderly conduct rose dramatically.

The relationship between organized crime and the culture of the Roaring Twenties is striking. The Jazz Age was bankrolled by organized crime in that speakeasies and jazz bands were often owned or paid by the crime rings profiting off Prohibition. The spread of jazz music, the habits of flappers and related dances were directly connected with the illegal sale of alcohol nationally.

Prohibition Enforcement

The difficulties of enforcement of the 18th Amendment emerged quickly, despite the one year transition period between ratification and enforcement. Here's an overview of the challenges enforcing the Prohibition Amendment:

• Clarifying the federal v. state roles was an obstacle
• Many states chose to allow the federal government to act on enforcement
• Differentiating between legal alcohol (religious use and doctor-prescribed)
• Lack of sufficient resources (officers, funding)
• Mass usage in a physically massive country with a large population
• Illegal manufacturing facilities (moonshine stills, "bathtub gin")
• Bars became hard to locate as hundreds of thousands of underground "speakeasies" existed across America
• Intercepting alcohol shipments from Canada, Mexico, the Caribbean and Europe stretched enforcement resources on coastal regions and land borders

The Volstead Act

Congress passed the Volstead Act to enforce the ban on alcohol on October 28, 1919. The law set limits on the types of alcohol covered and allowed exemptions for religious and medicinal use and permitted home manufacturing for personal consumption. Low-level offenders could still face up to 6 months in prison and up to $1000 in fines. The Treasury Department was given authority for enforcement, but Treasury agents were unable to supervise a national ban on the manufacture, sale, and transport of alcohol.

Repeal of the Prohibition Amendment

In the campaign to repeal the 18th Amendment, many business owners, government officials, and women were vocal. The Women’s Organization for National Prohibition Reform argued that the level of crime and corruption was a moral attack on American families and the nation. A new goal to repeal the 18th Amendment sprang up.

The Stock Market Crash of 1929 led to the Great Depression. During a time of poverty, sorrow, unemployment and economic loss, many people turned to alcohol. A common belief was that citizens should not be criminalized for seeking alcohol during the worst economic period in American history. This contributed to the general unpopularity of the effects of Prohibition.

The various states and the federal government watched as tax revenue dropped due to sales of alcohol, alcohol-related income sources, and businesses conducted all operations 'under the table'.

The most important factor leading to the repeal of Prohibition was the difficulty in enforcing the Amendment. The challenge in enforcing the law at the federal level was combined with the inability and unwillingness to do so at the state level. Finally, backlash grew over the criminalization of many citizens who were engaging in previously legal conduct.

The 21st Amendment to repeal the Prohibition Amendment

The text of the 21st Amendment is straightforward in its repeal of the 18th Amendment.

Section 1 of the 21st Amendment

Section 2 of the 21st Amendment

Section 3 of the 21st Amendment