Kara Sears
The Eighteenth Amendment, which was ratified in 1919, is the law that created prohibition in the United States. The Eighteenth Amendment was passed in both chambers of the U.S. Congress in December 1917 and was ratified by three-fourths of the states in January 1919. The National Prohibition Act, also known as the Volstead Act, was passed to enforce the Eighteenth Amendment when it went into effect on January 17, 1920. The Eighteenth Amendment was eventually repealed by the Twenty-first Amendment in 1933.
| Characteristics | Values |
|---|---|
| Name of the Law | Eighteenth Amendment, Volstead Act, National Prohibition Act |
| Year Passed | 1919 |
| Year Enforced | 1920 |
| Year Repealed | 1933 |
| Enforcing Authority | Treasury Department, Prohibition Unit, Coast Guard, IRS, Department of Justice, Bureau of Prohibition |
| Number of Enforcers | 1,520 Federal Prohibition agents |
| Main Sections | War Prohibition, Prohibition as designated by the Eighteenth Amendment, Industrial Alcohol Use |
| Alcohol Limit | Intoxicating beverages containing greater than 0.5% alcohol |
| Applicability | Manufacture, sale, and movement of alcoholic beverages |
| Penalties | Fines and jail sentences |
| Legal Possessions | Alcohol obtained before Prohibition, alcohol for medical purposes, alcohol for religious purposes |
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What You'll Learn
The Eighteenth Amendment
In December 1917, a resolution for a Constitutional amendment to achieve nationwide Prohibition was introduced in Congress and passed by both houses. By January 1919, it had been ratified by 36 of the 48 states, and only Connecticut and Rhode Island opted out. The Eighteenth Amendment was enforced through the Volstead Act, passed on October 28, 1919, which defined intoxicating beverages as containing greater than 0.5% alcohol. The Act also outlined fines and jail sentences for violations, as well as the powers of law enforcement in search and seizure.
Despite the strict laws, there were many ways to legally possess and use alcohol under the Volstead Act. For example, it was legal to own alcoholic beverages obtained before Prohibition and to serve them to family and guests in the home. Alcohol for medical and religious purposes was also exempt from the ban. However, the Act was difficult to enforce due to widespread corruption, underfunding, and lack of training among law enforcement agencies. The rise of organised crime, the economic impact of Prohibition, and the increasing social acceptance of alcohol consumption led to a decline in support for the policy by the end of the 1920s.
Prohibition was eventually repealed with the ratification of the Twenty-first Amendment on December 5, 1933.
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The Volstead Act
The National Prohibition Act, informally known as the Volstead Act, was a law enacted in 1919 to enforce the Eighteenth Amendment, which established a nationwide prohibition on alcoholic drinks in the United States. The act was named after Minnesota Rep. Andrew Volstead, the chairman of the House Judiciary Committee, who championed the bill.
The act consisted of three main sections: previously enacted war prohibition, prohibition as designated by the Eighteenth Amendment, and industrial alcohol use. The War Time Prohibition Act, approved in 1918, was included in the Volstead Act to conserve grain by prohibiting its use in the production of spirits. While the act prohibited the production, transport, and sale of intoxicating liquor, there were still ways in which the possession and personal use of alcohol remained legal. For example, it was legal to own alcoholic beverages obtained before Prohibition and to serve them to family or guests in the home. Alcohol used for medical and religious purposes was also exempt from the prohibition.
Despite these strict laws, enforcement of the Volstead Act was challenging due to widespread corruption, lack of resources, and public sympathy for bootleggers. People found creative ways to evade Prohibition agents, and the production and distribution of alcoholic beverages fell into the hands of criminal gangs. The act ultimately contributed to a rise in organized crime and violence in America, and it was repealed in 1933 by the Twenty-first Amendment.
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The War Time Prohibition Act
The Act was a precursor to the Eighteenth Amendment, which was ratified in 1919, and the subsequent Volstead Act, which went into effect on January 17, 1920. Together, these measures established nationwide prohibition, outlawing the production, transportation, and sale of intoxicating liquors. The Volstead Act, also known as the National Prohibition Act, built upon the foundations laid by the War Time Prohibition Act, addressing enforcement, penalties, and the roles of law enforcement agencies.
While the War Time Prohibition Act and the subsequent legislation aimed to eradicate alcohol consumption, they had unintended consequences. The prohibition era witnessed a rise in organised crime, with bootlegging and speakeasies becoming prevalent. Additionally, the prohibition of alcohol negatively impacted the economy, eliminating jobs and revenue streams for states. The enforcement of prohibition also proved challenging due to widespread corruption, citizen sympathy for bootleggers, and creative methods used to conceal alcoholic beverages.
Ultimately, the War Time Prohibition Act and the broader prohibition movement had a significant impact on American society. While it sought to improve public welfare and health by eliminating alcohol, it also created new social and economic issues. The failure to completely eradicate alcohol consumption and the negative consequences of prohibition eventually led to its repeal through the Twenty-first Amendment in 1933.
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![Historic Framed Print, [Congress, U.S. - women members: Mrs. Kahn, Mrs. Norton and John Phillip Hill - unofficial committee on modification of Volstead Act], 17-7/8" x 21-7/8"](https://m.media-amazon.com/images/I/41+ad8r7vEL._AC_UY218_.jpg)
The National Prohibition Act
The Act was designed to prohibit intoxicating beverages and regulate the manufacture, production, and sale of high-proof spirits for non-beverage purposes. It defined intoxicating beverages as containing greater than 0.5 percent alcohol. The Act also set out fines and jail sentences for the manufacture, sale, and movement of alcoholic beverages, and outlined the powers of law enforcement in terms of search and seizure.
Despite the strict laws on alcohol commerce, there were several ways in which the possession and personal use of alcohol remained legal under the Volstead Act. For instance, it was legal to own alcoholic beverages obtained before Prohibition and to serve them to family or guests in the home, with proof of purchase. Alcohol for medical purposes was also permitted, with physicians allowed to prescribe one pint of spirits every ten days. Religious leaders could also obtain permits to provide alcohol for sacramental purposes.
The enforcement of Prohibition proved challenging due to widespread corruption, underfunding, and lack of training among law enforcement personnel. Criminal organizations often bribed officials, and citizens were often sympathetic to bootleggers, with many lured by the romance of illegal speakeasies. The rise of organized crime, economic malaise, and the stock market crash of 1929 contributed to disenchantment with Prohibition, leading to its repeal by the Twenty-first Amendment in 1933.
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The Twenty-First Amendment
The Eighteenth Amendment to the United States Constitution, which came into effect on January 17, 1920, enforced a nationwide prohibition on alcohol. The Twenty-First Amendment, which repealed the Eighteenth Amendment, was proposed by the 72nd Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933, ending Prohibition.
The Eighteenth Amendment was ratified on January 16, 1919, after years of advocacy by the temperance movement. The subsequent enactment of the Volstead Act established federal enforcement of the nationwide prohibition on alcohol. However, Prohibition was unsuccessful as many Americans continued to drink, and it also gave rise to a profitable black market for alcohol, fueling the rise of organised crime. By the end of the 1920s, there was a growing movement to repeal the Eighteenth Amendment as Americans increasingly viewed Prohibition as unenforceable.
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Frequently asked questions
The Eighteenth Amendment, also known as the National Prohibition Act, created prohibition.
The Eighteenth Amendment prohibited the production, transport, and sale of intoxicating liquor. It also called for Congress to pass legislation to enforce the amendment.
The enabling legislation that enforced the Eighteenth Amendment was the Volstead Act, which went into effect on January 17, 1920.
