Gavin Howe
The 18th Amendment to the United States Constitution, also known as the National Prohibition Act of 1919 or the Volstead Act, prohibited the manufacture, sale, transport, import, or export of alcoholic beverages. The amendment was proposed by Richmond Hobson and drafted by Anti-Saloon League attorney Wayne Wheeler, with sponsorship from US Representative Andrew J. Volstead. The act came into force on January 16, 1920, at 12:00:01 am, and the first infringement occurred in Chicago just 59 minutes later. The law was enforced by the Internal Revenue Service (IRS) and later the Justice Department and the Bureau of Prohibition, but the varied American geography and lack of centralized authority made it difficult.
| Characteristics | Values |
|---|---|
| Year | 1920 to 1933 |
| Amendment | Eighteenth Amendment |
| Amendment proposer | Richmond Hobson |
| Amendment drafter | Anti-Saloon League attorney Wayne Wheeler |
| Amendment supporter | Women's Christian Temperance Union (WCTU) |
| Amendment opposer | President Woodrow Wilson |
| Amendment veto overrider | Congress |
| Amendment pass date | October 28, 1919 |
| Amendment ratifier | 46 out of 48 states |
| Amendment vote | 68% supermajority in the House of Representatives and 76% support in the Senate |
| Enabling legislation | Volstead Act |
| Volstead Act supporter | Andrew J. Volstead, U.S. Representative from Minnesota's 7th Congressional District and chair of the Judiciary Committee |
| Volstead Act enforcer | Internal Revenue Service (IRS), Justice Department, and Bureau of Prohibition, or Prohibition Bureau |
| Volstead Act infringer | Chicago |
| Volstead Act fine | Jail sentences for the manufacture, sale and movement of alcoholic beverages |
| Volstead Act exceptions | Alcohol for religious and medical use |
| Volstead Act repeal | Twenty-first Amendment |
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What You'll Learn
The Eighteenth Amendment
The amendment was proposed by Congress on December 18, 1917, and ratified by 46 out of 48 states on January 16, 1919, with 76% support in the Senate and 68% in the House of Representatives. It came into effect on January 17, 1920, one year after ratification, and was enforced by the National Prohibition Act, better known as the Volstead Act. The Act defined the types of alcoholic beverages that were prohibited, including liquor, wine, and beer, and set out the rules for enforcing the federal ban.
While the Eighteenth Amendment did lead to a decline in alcohol consumption, enforcing Prohibition proved challenging, particularly in cities and urban areas. The illegal manufacturing and sale of liquor, known as "bootlegging", became widespread, along with the operation of speakeasies, or illicit bars. Criminal organisations increased their involvement in alcohol production, and public sentiment began to turn against Prohibition during the 1920s. Enforcement of the law lacked a centralized authority, and local laws varied, with some states banning possession outright while others did not.
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The Volstead Act
The National Prohibition Act, informally known as the Volstead Act, was a law enacted by the 66th United States Congress in 1919, which came into effect on January 16, 1920. The act was designed to enforce the Eighteenth Amendment, which established the prohibition of alcoholic drinks. The Eighteenth Amendment had passed in 1919 with a supermajority in the House of Representatives and the Senate and was ratified by 46 out of 48 states.
The enforcement of the Volstead Act proved challenging for both federal and local authorities. The act lacked a centralized authority for enforcement, and local laws varied, with some states banning possession outright while others, like Maryland and New York, refused prohibition entirely. Despite early signs of success, including a reported 30% drop in alcohol consumption, those who wanted to drink found creative ways to evade prohibition agents and continue consuming alcohol. This included carrying hip flasks, hollowed canes, and false books, as well as smuggling alcohol across state lines and the illegal manufacturing and sale of liquor ("bootlegging"). The illegal production and sale of liquor led to the rise of criminal gangs, who fought for market control, and the proliferation of speakeasies (illegal drinking spots), which contributed to a rise in gang violence and organized crime.
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Enforcement challenges
The Prohibition era in the United States began on January 19, 1920, when the Eighteenth Amendment to the U.S. Constitution, which banned the manufacture, transportation, and sale of intoxicating liquors, went into effect with the passage of the Volstead Act. The enforcement of Prohibition was challenging due to various factors, including:
Lack of Centralized Authority:
The enforcement of the Eighteenth Amendment lacked a centralized authority, making it difficult to implement the law uniformly across the country. Local laws varied, with some states banning possession outright while others allowed private ownership and consumption of alcohol.
Resource Costs:
The enactment and enforcement of Prohibition increased resource costs for the government. The annual budget of the Bureau of Prohibition rose significantly during the 1920s, and the U.S. Coast Guard spent millions of dollars annually on enforcement. These costs did not include expenses incurred by local and state governments.
Creative Evasion Tactics:
Americans who chose to continue consuming alcohol during Prohibition found creative ways to hide their liquor. They used fake books, home furnishings, and even fashion accessories to conceal their alcohol. Moonshiners, who illegally produced liquor in rural areas, attached wooden blocks carved to resemble cow hooves to their shoes to evade Prohibition agents.
Bootlegging and Speakeasies:
The illegal manufacturing and sale of liquor, known as "bootlegging," flourished during the 1920s. Bootleggers took advantage of loopholes in the law, such as the allowance for pharmacists to dispense whiskey by prescription. Speakeasies, illegal drinking spots, also proliferated, with inventive ways to conceal their true nature.
Corruption and Loss of Public Trust:
The large sums of money exchanged during the Prohibition era led to corruption within law enforcement agencies. Police officers and Prohibition agents were tempted by bribes or the opportunity to enter the bootlegging business themselves. This corruption undermined public trust in law enforcement, and the perception of the corrupt Prohibition agent became widespread.
Rise in Gang Violence and Organized Crime:
The proliferation of bootlegging and speakeasies contributed to a rise in gang violence and organized crime. Criminal enterprises fought for control of the lucrative illegal alcohol market, leading to increased lawlessness and a perception of a "crime wave" sweeping the nation.
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Rise in organised crime
The Eighteenth Amendment, which enforced Prohibition, was passed in 1919 with overwhelming support in the House of Representatives and the Senate, and was ratified by 46 out of 48 states. However, the enforcement of Prohibition was challenging for both federal and local governments. The illegal production and sale of liquor (known as "bootlegging"), the proliferation of speakeasies, and the rise of organised crime led to waning support for Prohibition by the end of the 1920s.
While there is debate among historians about whether violent crime increased during Prohibition, there was undoubtedly a rise in organised crime. The lucrative profits from bootlegging and the illegal alcohol market led to the emergence of powerful crime syndicates, particularly in port cities with large immigrant populations, such as New York and Chicago. The Sicilian Mafia, which had been active in New York before Prohibition, expanded its operations and collaborated with other ethnic gangs, including Irish, Jewish, and Polish groups.
The scale of bootlegging operations was vast, with alcohol being smuggled across borders from Canada and the Caribbean, as well as being produced illegally in the American Midwest. The American Trucking Union, or the "Teamsters", was heavily infiltrated by the mob and played a significant role in transporting illegal alcohol. The illegal alcohol trade also extended to drugstores, with chains like Walgreens allegedly profiting from the sale of medicinal alcohol.
The most infamous gangster and bootlegger of the Prohibition era was Al Capone, who took control of the Chicago Outfit in 1925. Capone's criminal enterprise generated an estimated $100 million in revenue at its peak in the late 1920s from liquor distribution, speakeasies, beer brewing, gambling, prostitution, and other rackets. Another notable figure was George Remus, known as the "King of the Bootleggers", who led a large bootlegging operation in the Midwest before being convicted of violating the Volstead Act and sentenced to two years in prison.
The period of Prohibition sparked a revolution in organised crime, leading to the creation of powerful crime families and syndicates that would continue to exert influence for decades to come. The illegal alcohol trade provided a significant source of funding and helped establish the framework for organised crime in the United States.
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Public opposition
The beer industry, along with wealthy Catholic and German Lutheran communities, mobilised in opposition to Prohibition. However, their influence waned after the US entered World War I against Germany in 1917. Additionally, the enforcement of Prohibition proved challenging due to the varied terrain of the United States, including its extensive seaways, ports, and borders with Canada and Mexico. This made it difficult for Prohibition agents to effectively stop bootleggers.
The Ku Klux Klan (KKK) also opposed Prohibition and threatened private vigilante action against known offenders. However, despite its large membership in the mid-1920s, the KKK was poorly organised and had little impact. The illegal production and sale of liquor ("bootlegging"), the proliferation of speakeasies (illegal drinking spots), and the accompanying rise in gang violence and organised crime led to a decline in support for Prohibition by the end of the 1920s.
The enforcement of Prohibition was also criticised for its negative impact on law enforcement. The large sums of money exchanged during this period proved corrupting, with police officers and Prohibition agents tempted by bribes or the opportunity to enter the bootlegging business themselves. This corruption undermined public trust in law enforcement. Furthermore, the trade in unregulated alcohol had serious consequences for public health, with an estimated 1000 Americans dying each year from consuming tainted liquor.
The women's movement also played a role in opposing Prohibition, as they linked the issue with the temperance movement and sought to prevent abuse from alcoholic husbands. The push for prohibition gained momentum, often with women and Protestant congregations leading the way. Additionally, the enactment and enforcement of Prohibition caused an increase in resource costs, with the annual budget of the Bureau of Prohibition rising significantly during the 1920s.
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Frequently asked questions
The law of prohibition in the 1920s was created by the Eighteenth Amendment to the US Constitution, which was ratified in 1919 and enforced from 1920 to 1933.
The Eighteenth Amendment prohibited the "manufacture, sale, or transportation of intoxicating liquors".
The Eighteenth Amendment aimed to address alcohol-related problems in American society, such as alcoholism, domestic violence, and political corruption associated with saloons.
The Volstead Act, passed in October 1919, served as the enabling legislation that set the rules for enforcing the Eighteenth Amendment and defined the types of alcoholic beverages prohibited.
Enforcement of prohibition was challenging due to widespread opposition, corruption, and the emergence of organised crime. Despite initial compliance, creative ways to obtain and consume alcohol, such as bootlegging and speakeasies, became prevalent.
