There has always been great argument over the magnitude of the federal government’s role in an individual’s life. At the turn of the 20th century, the United States was going through a huge transformation of its society, economy, and politics. The US was on the verge of entering the biggest war the world had ever seen; the economy was booming, democracy was proving strong, and Progressivism was the new virtuous way of life. Everything seemed to be clicking in the right direction, but yet, during this time two amendments to the Constitution were passed that took away individual liberties, and then gave them right back. This was due to the methods the topic of the amendments, the way the amendments were brought to light, and the social climate of the time.
Prohibition did not belong solely to the early 20th century. There had been countless movements for temperance in the United States before progressivism struck the United States at the dawn of the 1900’s. The idea itself was not that progressive, having been seen in the American Colonies as early as the 17th century, specifically in the colony of Massachusetts.[i] The one difference between the early temperance movements and the most recent was the practice and manner by which it was carried out. In the early 1800’s there was a moderately organized group of farmers who voluntarily practiced abstinence of liquor. By the 1850’s, thirteen northern and western states had enacted prohibition laws, but before the decade had ended, the sense of reform had been subdued into individual practice.[ii] Again, there was another surge for temperance in the United States that came in the 1870’s, but by the 1890’s, most of the states that had enacted legislation had repealed their prohibition laws. Around that time though, in 1893, Howard Russell founded one of the most important players in creating the Eighteenth Amendment- the Anti-Saloon League. Russell’s organization was one of the first political pressure groups to lobby upon one single issue in the United States.[iii] The push for National Prohibition in the United States was popular mostly in the South and rural-North, with the majority being Protestant. The tactics of the Anti-Saloon League proved to be extremely effective, and because of the League and a strong support base, by 1913, a majority of states in the United States had adopted prohibition laws, and Congress had even passed legislation that eased the enforcement of those laws. In 1917, the Anti-Saloon League had been searching for an opportunity to cap off their victories, the cherry on top of their abstinent ice cream, and they found it. Combined with the rabid patriotism of the time (due to World War I) and the League’s pressure politics, the Anti-Saloon League easily pushed their prohibitionist views into the lives of every American with the passing of the Eighteenth Amendment on December 19, 1917.
The Eighteenth Amendment was obviously a single-issue amendment to the Constitution, but it was not one dimensional in the sense of its supporters. The biggest pool of support clearly came from the religious argument for prohibition. The moral argument made by Protestants was not one of new; rather, it had been used for hundreds of years preceding the amendment. To the religious of America, intemperance lowered the moral standards of people, which in turn affected all other areas of life negatively. This religious argument was the flaw behind early and unsuccessful movements of prohibition in the United States. The Anti-Saloon League realized this, and to overcome that fault, they pushed their issue through with more concrete arguments. Even with religion, they did not argue on the basis of the evils of alcohol; instead, they argued that the vendors of liquor and the liquor trafficking business were corrupt and evil.[iv] This was a very skilled approach, because it did not alienate those who believed in prohibition but were not religious.
At the dawn of the 20th century, the US and its society was changing rapidly, having just come out of an industrial revolution. Along with these new inventions came a new age of science. Doctors were beginning to notice many new things about alcohol’s affect on the body. For instance, a scientist of the early 1900’s discovered that alcohol was, in fact, a depressant, rather than a stimulant.[v] Further studies went on to prove the other numerous side effects of alcohol on the body, such as heart disease, birth dysfunctions, and cirrhosis of the liver. These newly discovered characteristics of alcohol slowly but surely manifested fear into the minds of middle-class Americans. Science and research had perfect timing in helping the passing of the Eighteenth Amendment.
Another important factor in the creation of the Eighteenth Amendment was the Progressive Movement of the early 1900’s. The Progressive Era was marked by a wide range of reforms, everywhere from prohibition to trust-busting. This mood of social and moral reform obviously created the perfect atmosphere to foster the temperance movement in the United States. A lot of social ills that were identified in the Progressive Era were thought to be caused by the abuse of alcohol, which only magnified the movement for National Prohibition. The theme of helping the poor and unfortunate of the Progressive Era was the most apparent in the political arena of the time period. The ideology that government could use its power as a positive instrument of reform was the chief, common belief of the all politicians in power. The people of America were obsessed with two things during this time: to preserve democracy at home, and to make the world safe for democracy.[vi] In order to achieve those goals, they felt the best way would be to “democratize the machinery of government in order to take politics out of the hands of the special interests and restore it to the people.”[vii] The people felt like one necessary step to preserve democracy was through National Prohibition. They proved so through the Eighteenth Amendment.
The Twenty-First Amendment was the answer to democracy through democracy. The logical argument against the Eighteenth Amendment was obvious- it infringed on personal liberties. Government does not have the right to delegate people’s lives, they argued. The suspension of individual rights was not the main argument against the Eighteenth Amendment, though. The real line of reasoning lay among the social climate at the time the amendment was appealed. The Great Depression was in full swing, and so was the general view of the public. In a time where the main concern for many families was how to simply get the next meal, the idea of prohibition seemed rather absurd to be a concern. Not only was it not a premier moral concern, it made sense fiscally for the government. If the state governments were granted the right to govern legally over alcohol once again, it would increase tax revenues for the state without financially hurting people. A well-known stigma of the 1920’s was the great wave of organized crime. The supporters of the Twenty-First Amendment attributed that to the Eighteenth Amendment, claiming that the amendment was useless because it made breaking the law a common thing for many people. The tide had truly changed, and all the logic that was once behind the Eighteenth Amendment were now shifting towards the Twenty-First Amendment. Congress passed the amendment on February 20, 1933.
The Constitutional value these amendments had was significantly more substantial than the amendments themselves ever had in any other sense. Initially, the two amendments were considered complete failures, but the tide changed when the Constitutional and political legacies were uncovered. The most obvious trait of the Eighteenth Amendment was that it was the only amendment to the Constitution to have been official only to be repealed by a later amendment. This was a great accomplishment, proving that the United States Constitution truly was a living document. The Eighteenth Amendment was also unique in the fact that it was unlike any previous amendment to the Constitution, for it did not grant rights or changed the structure of the government, rather, it took rights away from the individual citizen. The Twenty-First Amendment, on the other hand, was the only amendment when Congress had ever and will ever call for special state conventions for ratification, which was done for speed and efficiency’s sake. The Twenty-First Amendment is also unique in the aspect of its second section, where the federal government grants the majority of power concerning alcohol back to the states, except in a few choice circumstances, such as the drinking age. The aesthetical and functional legacy of the Eighteenth and Twenty-First Amendments will be similar to that of the Vietnam War- they began with high aspirations and ended with dismal consequences, but the Constitutional legacy will be much more prevalent than the actual amendments will ever be.[viii]
The Eighteenth and Twenty-First Amendments did a better job showing many things, not including the moral standard of the average American in the 1920’s. Prohibition was again a failed movement, and the only reason it did not fail immediately was because it couldn’t have been luckier with the surrounding events of the country. The Eighteenth Amendment never would have happened without the help of World War I and the Progressive Era, and the Twenty-First Amendment never would have happened without the Great Depression. With hindsight 20/20, it occurs to one that the objective of the two amendments would have been much easier to achieve and initiate if Congress were to simply have passed legislation, not amend our Constitution. Even though the two amendments set several very important precedents Constitutionally, they were virtually useless in today’s society economically, politically, and socially. The one aspect of these two amendments that should frighten the American people is the fact that in the United States, when the circumstances become perfect, and with a malleable and ever-changing Constitution, anything can happen.