Knowing Your Constitutional Rights [18]

Amendment 18

Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of  intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is herby prohibited.

Section 2. The Congress and the several States shall have concurrent power to enforce this amendment by appropriate legislation.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

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What does this mean?

Well, let's take it into parts.

Section 1:

After one year from the ratification of this article the manufacture, sale, or transportation of  intoxicating liquors within [.]

This meant that 1 year from 1919 (the year this was written) the making, selling and transporting of alcohol in between states..

the importation thereof into, or the exportation thereof from the United States

and the import & export of alcohol from the United States

and all territory subject to the jurisdiction thereof for beverage purposes is herby prohibited.

All territories - The United States currently has 16 territories but in 1919 the U.S. had 10 territories - also had to follow this Amendment that prohibited the making, selling and transport of alcohol.

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Let's jump into a history tangent / crash course:

What was the reason behind this Amendment being created?

Well around the early-mid 1800's religious groups (i.e. Women's Christian Temperance Union (WCTU) of Ohio) began calling for the end of alcohol being sold in the United States. This was called the Temperance Movement.

Why?

In 1830 America had a pretty bad drinking problem. The average American over 15 years old drank about seven gallons of alcohol a year.

SEVEN GALLONS. YOU SEE THAT MILK GALLON IN YOUR FRIDGE IMAGINE 7 OF THOSE

So if the average American over 15 had 7 gallons of alcohol a year

That makes 112 cups a year.

(and no I'm not talking little red plastic cups, I'm talking about an actual measurement cup used to measure liquids)

According to PBS - this is only 3 times the amount average American's drink today.

Why was this an issue (besides obvious health reasons)?

During this time period, women didn't have that many legal rights and were dependent on men. So the question then became: How can he provide for this family if he is drinking 7 gallons of alcohol a year?

Why did it not become effective immediately and instead waited a year?

That was done so that way the people who made a livelihood from selling alcohol could have time to adjust and find another way to support themselves.

AND THAT ENDS CRASH COURSE SECTION 1 OF THIS AMENDMENT

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Section 2:

The Congress and the several States shall have concurrent power to enforce this amendment by appropriate legislation.

If you've been keeping up with the Amendment breakdowns, you'll realize this line is similar to a section in Amendment 13, 14, 15 except for a slight difference. In the previous Amendments, it only specified that Congress will be able to make laws to enforce the Amendment.

Why does it say several States?

This specified that every state - i.e. making state laws - was allowed to make laws to enforce this Amendment.

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Section 3:

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution[.]

This meant that the article would become null if it was not made an Amendment by the legislative body (those who were able to make laws) of States...

within seven years from the date of the submission hereof to the States by the Congress.

within 7 years from the date that this article was submitted.

To put it all together:

This article would remain null unless the State government confirmed it as an Amendment 7 years after it was submitted (7 years from 1919).

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Now why was this Amendment the definition of failure?

Well, although the aim was to end all sale and production of alcohol - the opposite was what actually happened. Instead of selling alcohol out in the open it was done underground - y'know illegally. The average americans over 15 still wanted to drink 7 gallons alcohol a year (REALISTICALLY SPEAKING I CAN'T GET OVER THE 7 GALLONS A YEAR BUT ANYWAYS) and the National Prohibition Act ( referred to as the Volstead Act) wasn't going to stop them.

So what could possibly go wrong with alcohol being made and sold illegally?

Well - a lot. It turned into a massive underground business that was controlled by gangs. The gangs made a lot of money - y'know since legit people were drinking 7 gallons a year how can you not be making enough to fill a bank is the real question - and as a result they had enough money to bribe police and politicians to kind of look the other direction.

Also here's where things get a little bit crazy - a few minutes after the Amendment itself passed, gangs stole 4 barrels of alcohol from a government owned warehouse and another gang emptied out a 2 trucks full of alcohol.

So this lead to organized crime in order to get to the alcohol that was illegal - this resulted in a lot of violence.

This amendment set out to make one thing happen (America to become sober - no more alcohol consumption) - but ended up with an increase in organized crime.

This is the only Amendment to be repealed from the Constitution on Dec. 5 1933 by Amendment 21.

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To Summarize

‣ In 1919 making and selling alcohol was made illegal

‣ Congress & States were allowed to make laws to enforce the Amendment

‣ This article would remain null unless the State government confirmed it as an Amendment 7 years after it was submitted (7 years from 1919).

‣ Amendment was repealed by Amendment 21.

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In what ways has President Trump & his Administration done something that pertains to this Amendment:

Nothing at this time.

- If needed this will be updated from time to time.

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Is there an Amendment you would like to more of?

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to be taken to a list & choose which one you would like to learn more about.

This is a series that is ongoing - [Every other] Wednesday [ #WednesdayAmendment] there will be an Amendment Explanation paired with what Trump & his administration have done that pertains to the Amendment discussed.

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