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The Volstead Act made the manufacture, transportation, and sale of intoxicating liquors illegal in the United States. It was ratified by Congress during Prohibition on January 16, 1919, and became the Eighteenth Amendment to the U.S. Constitution. This is the only amendment to the Constitution that has ever been repealed. It was repealed on December 5, 1933, with the ratification of the Twenty-first Amendment to the Constitution.

History

The Volstead Act was the result of a long battle over temperance, much of which was fought by religious groups. The American Temperance Society, formed in 1826, began the attempt to eliminate alcohol in the United States. Many of the early temperance groups were coalitions of various church groups. They lobbied for ordinances making the manufacture, transportation, and sale of alcohol illegal. Areas that passed such laws were termed “dry” communities, cities, and counties. Many such jurisdictions still exist to this day.

The Women's Christian Temperance Union was one of the strongest proponents of temperance. Members of this and other organizations were concerned about alcohol consumption for several reasons. They viewed the elimination of alcohol as a means of achieving safer and more equitable domestic lives. Many were concerned that husbands would “drink their pay,” leaving their households penniless. Some support for temperance also came from members of the nascent feminist movement and the women's suffrage movement, as these women resented their exclusion from taverns where men gathered to discuss politics, the economy, and current events. Indeed, two days after the ratification of the Volstead Act, the Nineteenth Amendment to the U.S. Constitution was also passed, giving women the right to vote.

Other parts of society began to support the temperance movement over time. Factory owners wanted a sober workforce, and progressive politicians viewed temperance as a means to a better society for everyone. Further, the rise of spiritualism from 1850 to the 1920s increased church membership and attendance. This growth provided temperance groups with a new audience whose members were concerned with their own morality.

After Ratification

After the Volstead Act was passed, alcohol consumption in the United States dropped by 30%. The United States Brewers Association stated that hard liquor consumption was down 50%. Clearly, law-abiding Americans were adhering to the law. The temperance groups could not have been more pleased.

Soon, however, it became clear that while legitimate brewers and distillers were losing sales, illegitimate providers were gaining customers. Bootleggers in rural areas, smugglers, and urban winemakers stepped into the breach. Even though the Volstead Act made the manufacture, sale, and transportation of alcohol illegal, technically it was still legal to possess and drink alcohol. Further, the law had no additional enforcement requirements. It appears that the perception was that the moral basis of the law would be enough to maintain order. It was not.

With few agents to cover vast areas of interior America, thousands of miles of open borders with Canada and Mexico, and thousands of miles of coastline, the federal government faced a daunting enforcement task. Large quantities of beer and hard liquor were produced in the United States. Also, Canada was still legally producing alcohol, much of which was smuggled across the American border. Additionally, Bermuda and the Bahamas (both British colonies) provided ample supplies of alcohol that only needed to be brought ashore after a short trip. Gangs, confederations, and other organized groups helped to distribute this alcohol illegally, leading some to argue that Prohibition (via the Volstead Act) was the genesis for modern organized crime in the United States.

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