18th and 21st Amendments: Main Idea
18th and 21st Amendments: Main Idea
The 18th Amendment made it illegal to make, sell, transport, export, import, or (presumably) fold, spindle, or mutilate liquor in the United States. There's some other stuff in there too about enforcement, but the first part is the important bit.
The 21st Amendment basically said "our bad, you can do all that stuff again."
Questions
- How did Prohibition affect the states' right argument when the feds were involved in enforcement?
- Was it absolutely necessary to pass a Constitutional amendment prohibiting alcohol? Shouldn't amendments be saved for more important stuff, and just let the states pass laws about drinking?
- Can the violence that followed the 18th Amendment really be blamed on the amendment? Wouldn't the gangsters have just sold something else?
Chew On This
The states should have passed their own alcohol laws and left it at that. It would have saved everyone a lot of trouble.
Prohibition was a violation of the church/state wall of separation.
Quotes
Quote #1
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. (18.1)
This is the main point of the amendment here. You'll notice this doesn't make it illegal to privately own or drink alcohol, though. That might have been struck down by the Supreme Court on the grounds of "Seriously?"
Quote #2
Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation (18.2)
This idea of concurrent enforcement turned out to be a real problem. The federal enforcement efforts were never adequately funded because the Anti-Saloon League, which led the fight for the 18th, didn't want to get into a states' rights argument, particularly in the South (source). State and federal authorities didn't do a great job in working together. Not having a single authority in charge of enforcement turned out to be an unmanageable, ineffective mess.
Quote #3
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. (18.3)
The 21st Amendment has nearly identical language in its Section 3. This means that after it's voted on by Congress, the individual states have to approve it by a two-thirds majority. It should be noted that after Prohibition was repealed, local governments would still be allowed to make liquor illegal. Dry counties and towns are still a thing.
Quote #4
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. (21.1)
This is totally legal because no one called "no backsies" when the 18th Amendment was passed.
Quote #5
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. (21.2)
The point of this one was to give the power back to the states and territories. So if it was against state law to sell liquor, it still was, even though it might be legal in the state next door. Just don't try bringing booze into a dry state, or you'd be breaking the law.