Prohibition

Posted by: wfaulk

Prohibition - 05/12/2003 14:45

Today is the 70th anniversary of the repeal of the 18th Amendment. Someone on Fark, amazingly, posted a fairly insightful question, namely, why was a constitutional amendment necessary to prohibit alcohol? Certainly marijuana, cocaine, heroin, etc. are all illegal and there's no constititional amendment prohibiting them.

Any law-talking-guys here on the board?
Posted by: jmwking

Re: Prohibition - 05/12/2003 15:09

why was a constitutional amendment necessary to prohibit alcohol?
Because the prohibitionists could, and they had popular will. They'd already done much with statuatory law. (I guess there're a bunch of current groups that would love to put their agenda in the constitution, too.) From the National Archives:

" Temperance societies and Progressives alike saw the need for more governmental control and involvement in citizens' lives. They were successful in passing several laws at the local level. Between 1905 and 1917, states across the nation were imposing laws that prohibited the manufacture and sale of intoxicating beverages. They did not stop there, however. The temperance societies began to push to change American society and elevate morality through national legislation. In 1917, the House of Representatives wanted to make Prohibition the 18th Amendment to the Constitution. Congress sent the amendment to the states for ratification, where it needed three-fourths approval. The amendment stipulated a time limit of seven years for the states to pass this amendment. In just 13 months enough states said yes to the amendment that would prohibit the manufacture, sale, and transportation of alcoholic liquors. "

-jk
Posted by: wfaulk

Re: Prohibition - 05/12/2003 15:11

So you're saying it wasn't really necessary, but, rather, was a nail in the coffin just for posterity?
Posted by: jmwking

Re: Prohibition - 05/12/2003 15:17

So you're saying it wasn't really necessary, but, rather, was a nail in the coffin just for posterity?
Yes, that or just a nice way to fully consolidate their position.

-jk
Posted by: ashmoore

Re: Prohibition - 05/12/2003 20:28

just a nice way to fully consolidate their position

or, on the other hand, criminalize huge sections of the population and allow illegal drinking to provide the basis for todays organized crime.