Constitution Research: The Eighteenth Amendment
EssayChat / Nov 18, 2019
The 18th Amendment is the Constitution of the United States that underwent ratification in 1919. The amendment involves illegalization of the production, sale, and purchase of alcoholic beverages. Since its proposition in 1917by Congress, the 18th Amendment has experienced significant changes culminating in the repeal of 1933 to form the 21st Amendment. The temperance movement prevalent in the 19th and 20th centuries remains at the center of the subsequent changes of the 18th since 1917. The movement advocates for the ban of alcohol substances as a move that will help reduce societal challenges, including poverty. Despite the changes in laws concerning intoxicating drinks, the amendment never outlawed alcohol consumption. The ratification process followed the passage of the National Prohibition Act, NPA, also termed as the Volstead Act. The passage of NPA was held to facilitate prohibition enforcement by federal. The 18th Amendment registered a reduction in the consumption of alcohol in the United States. However, there was an increased challenge on the part of enforcement, especially in the cities.
According to Pusey (41), the prohibitions and restrictions of any form of activity or a product increase its use. The government tends to experience a challenge because illegal use might cause problems for residents based on the hidden nature of the products. The situation replayed in the United States after the prohibition of ratification. Moreover, Nielson (281) suggests that the 18th Amendment created a loophole that facilitated an increased activity for organized crimes among other criminal groups to mushroom. Bootlegging occurred on a large scale as speakeasies remained popular. The trend gave rise to actions against prohibition in the 1920s and 1932. Peck (42) views that after the nomination of Franklin Roosevelt, the Democrat used his platform to repeal the 18th Amendment. The first repeal occurred in 1933 forming the 21st Amendment, which marks the first amendment in the Constitution of the United States to undergo a complete repeal. The ratification was prompted by a decade of public demonstration, speeches, and advertisements with the view that the increased social issues, including violence and immortality, resulted from the use of intoxicating drinks.
The temperance movement comprised movement that pressured the government to illegalize the use of alcohol. The basis of the proposal incorporated the need to stabilize families as most men were neglecting their family responsibilities (Pusey 40). The women believed the 18th Amendment ban would make families happier and the world would become a better place. More organizations came up including the Christian Women Temperance Union among others (Nielson 281). Reformers such as Carrie Amelia Moore Nation became famous throughout America because of her violent acts of vandalizing proper. The ratification took longer because some states remained slow in the process of ratifying the amendment. States such as Massachusetts, New Jersey, and New York still allowed for the sale of beers and wines (Graham 1175).
The Amendment not only banned alcohol consumption but also increased the process of accessing alcoholic beverages legally. Most sections of the United States' territory marked the distribution, purchase, and even manufacturing a challenge. The people caught in violation of the amendment were taken in. the increased number of states accepting and abiding by the legislation made it possible for the ratification process to succeed (Pushaw Jr 447). Nebraska became the 36th among the 48 states in on the 16th of January 1919 to incorporate the enactment. The acting secretary of the state at that time Frank Polk certified the ratification on the 29th of January. The Nation Prohibition Act was enacted by Congress on the 28th of October 1919 to facilitate the legislation. The Bill underwent a vetoed through President Woodrow Wilson, which was overridden by the House of Representatives. Senate also vetoed the Bill on the next day prompting the nationwide starting date of the legislation on 17th January 1920 as the earliest allowed date (Sattar 74).
According to Peart (6), the 18th Amendment like most ratification underwent a challenge to a point the matter reached the Supreme Court. However, the decision was upheld in the case of Dillon v. Gloss in 1921. The supreme considered the matter constitutional and warranting the ratification. Despite increased petitions to allow the matter to reach the ballot based on the number of oppositions. The controversial arguments were not only on the ratification but also on the definition attached to 'intoxicating liquor.' Peck (42) notes that wine and beer are not distilled, and hence does not pass for an 'intoxicating drink.' The controversy resulted in rebellion from some of the Northern states, which refused to abide by the provision. The controversy cut across different groups, including voters, who held that their drinking was blameless. Equally, brewers held that the prevalent regime shocked them. The parties remained concerned about the federal government's powers to control personal consumption as extreme as banning personal choice. The locals considered the state as harsh bodies until they came face to face with the deferral prohibition statute.
Further, Pusey (40) suggests that the aggressive and uncalled for a ban on substances, created a new market for large scale bootlegging throughout the United States. Most urban comprised of a huge population disagreeing with the ban establishing a weak enforcement program. Smaller and rural areas depicted increased adherence to the ban compared to the large and city center settings. The consequences became even more dramatic as organized gangs started mushrooming in the United States. Nielson (281) views that the reduction of sale and production continued to decline giving mafias among other gangs room for thriving business with a huge profit margin. Mafias, among other organization, act by bribing politicians and police to ignore the issue. Bootlegging became a booming business with sellers earning an estimated amount of 60 million annually (Sattar 74). Figures such as Al Capone benefitted from the ratification move of the constitution of the United States. The challenges prompted Americans to come together and speak against increased disorder and moral decay in society.
In conclusion, the 18th Amendment incorporated significant challenges, including the opposition. President Roosevelt among other parties advocated for a repeal of the act. However, the Supreme Court upheld the decision to ratify the decision. Despite the increased nature of measures used illegal practice in manufacture, purchase, distribution, and sales of alcoholic drinks rates. The rates became, even more, concerning based on the increased profitability of criminal organizations. Figures such as the ones enjoyed by Al Capone in profits of at least $60 million (Sattar 74) registered an underlying and even more dangerous social evil. The atmosphere increased prostitution and gambling as opposed to the expectations of the legislation. Resultantly, the law considers the decision as an infringement on individual and personal freedom. The implication led to changes in the 18th amendment after a series of repeals giving rise to an additional ratification process. The socially auxiliary capacity position established components of unspoken aspects of race, suffragists, progressives, and nativity among others opposed the 18th amendment. Different groups stood for the prohibition of impulse based on the varied ideologies for advancement.
Work Cited
Nielson, Aaron. "No More Cherry Picking': The Real History of the 21st Amendment's 2." (2004): 281.
Graham, Fred P. "The Role of the States in Proposing Constitutional Amendments." ABAJ 49 (1963): 1175.
Pushaw Jr, Robert J. "Article III's Case/Controversy Distinction and the Dual Functions of Federal Courts." Notre Dame L. Rev. 69 (1993): 447.
Sattar, Babar. "18th constitutional amendment & need for passage of the 19th constitutional amendment." Eighteenth Amendment Revisited i (2012): 74.
Peart, Daniel. Lobbyists and the Making of US Tariff Policy, 1816−1861. Johns Hopkins University Press, 2018.
Peck, Garrett. "How Not to Legalize a Drug." Reason, vol. 46, no. 3, July 2014, pp. 42-46. EBSCOhost.
Pusey, Allen. "Wilson, Women and War." ABA Journal, vol. 101, no. 1, Jan. 2015, pp. 40-41. EBSCOhost.
The Implication of the Changes
According to Pusey (41), the prohibitions and restrictions of any form of activity or a product increase its use. The government tends to experience a challenge because illegal use might cause problems for residents based on the hidden nature of the products. The situation replayed in the United States after the prohibition of ratification. Moreover, Nielson (281) suggests that the 18th Amendment created a loophole that facilitated an increased activity for organized crimes among other criminal groups to mushroom. Bootlegging occurred on a large scale as speakeasies remained popular. The trend gave rise to actions against prohibition in the 1920s and 1932. Peck (42) views that after the nomination of Franklin Roosevelt, the Democrat used his platform to repeal the 18th Amendment. The first repeal occurred in 1933 forming the 21st Amendment, which marks the first amendment in the Constitution of the United States to undergo a complete repeal. The ratification was prompted by a decade of public demonstration, speeches, and advertisements with the view that the increased social issues, including violence and immortality, resulted from the use of intoxicating drinks.The temperance movement comprised movement that pressured the government to illegalize the use of alcohol. The basis of the proposal incorporated the need to stabilize families as most men were neglecting their family responsibilities (Pusey 40). The women believed the 18th Amendment ban would make families happier and the world would become a better place. More organizations came up including the Christian Women Temperance Union among others (Nielson 281). Reformers such as Carrie Amelia Moore Nation became famous throughout America because of her violent acts of vandalizing proper. The ratification took longer because some states remained slow in the process of ratifying the amendment. States such as Massachusetts, New Jersey, and New York still allowed for the sale of beers and wines (Graham 1175).
The Amendment not only banned alcohol consumption but also increased the process of accessing alcoholic beverages legally. Most sections of the United States' territory marked the distribution, purchase, and even manufacturing a challenge. The people caught in violation of the amendment were taken in. the increased number of states accepting and abiding by the legislation made it possible for the ratification process to succeed (Pushaw Jr 447). Nebraska became the 36th among the 48 states in on the 16th of January 1919 to incorporate the enactment. The acting secretary of the state at that time Frank Polk certified the ratification on the 29th of January. The Nation Prohibition Act was enacted by Congress on the 28th of October 1919 to facilitate the legislation. The Bill underwent a vetoed through President Woodrow Wilson, which was overridden by the House of Representatives. Senate also vetoed the Bill on the next day prompting the nationwide starting date of the legislation on 17th January 1920 as the earliest allowed date (Sattar 74).
According to Peart (6), the 18th Amendment like most ratification underwent a challenge to a point the matter reached the Supreme Court. However, the decision was upheld in the case of Dillon v. Gloss in 1921. The supreme considered the matter constitutional and warranting the ratification. Despite increased petitions to allow the matter to reach the ballot based on the number of oppositions. The controversial arguments were not only on the ratification but also on the definition attached to 'intoxicating liquor.' Peck (42) notes that wine and beer are not distilled, and hence does not pass for an 'intoxicating drink.' The controversy resulted in rebellion from some of the Northern states, which refused to abide by the provision. The controversy cut across different groups, including voters, who held that their drinking was blameless. Equally, brewers held that the prevalent regime shocked them. The parties remained concerned about the federal government's powers to control personal consumption as extreme as banning personal choice. The locals considered the state as harsh bodies until they came face to face with the deferral prohibition statute.
Further, Pusey (40) suggests that the aggressive and uncalled for a ban on substances, created a new market for large scale bootlegging throughout the United States. Most urban comprised of a huge population disagreeing with the ban establishing a weak enforcement program. Smaller and rural areas depicted increased adherence to the ban compared to the large and city center settings. The consequences became even more dramatic as organized gangs started mushrooming in the United States. Nielson (281) views that the reduction of sale and production continued to decline giving mafias among other gangs room for thriving business with a huge profit margin. Mafias, among other organization, act by bribing politicians and police to ignore the issue. Bootlegging became a booming business with sellers earning an estimated amount of 60 million annually (Sattar 74). Figures such as Al Capone benefitted from the ratification move of the constitution of the United States. The challenges prompted Americans to come together and speak against increased disorder and moral decay in society.
In conclusion, the 18th Amendment incorporated significant challenges, including the opposition. President Roosevelt among other parties advocated for a repeal of the act. However, the Supreme Court upheld the decision to ratify the decision. Despite the increased nature of measures used illegal practice in manufacture, purchase, distribution, and sales of alcoholic drinks rates. The rates became, even more, concerning based on the increased profitability of criminal organizations. Figures such as the ones enjoyed by Al Capone in profits of at least $60 million (Sattar 74) registered an underlying and even more dangerous social evil. The atmosphere increased prostitution and gambling as opposed to the expectations of the legislation. Resultantly, the law considers the decision as an infringement on individual and personal freedom. The implication led to changes in the 18th amendment after a series of repeals giving rise to an additional ratification process. The socially auxiliary capacity position established components of unspoken aspects of race, suffragists, progressives, and nativity among others opposed the 18th amendment. Different groups stood for the prohibition of impulse based on the varied ideologies for advancement.
Work Cited
Nielson, Aaron. "No More Cherry Picking': The Real History of the 21st Amendment's 2." (2004): 281.
Graham, Fred P. "The Role of the States in Proposing Constitutional Amendments." ABAJ 49 (1963): 1175.
Pushaw Jr, Robert J. "Article III's Case/Controversy Distinction and the Dual Functions of Federal Courts." Notre Dame L. Rev. 69 (1993): 447.
Sattar, Babar. "18th constitutional amendment & need for passage of the 19th constitutional amendment." Eighteenth Amendment Revisited i (2012): 74.
Peart, Daniel. Lobbyists and the Making of US Tariff Policy, 1816−1861. Johns Hopkins University Press, 2018.
Peck, Garrett. "How Not to Legalize a Drug." Reason, vol. 46, no. 3, July 2014, pp. 42-46. EBSCOhost.
Pusey, Allen. "Wilson, Women and War." ABA Journal, vol. 101, no. 1, Jan. 2015, pp. 40-41. EBSCOhost.