Volstead Act
Encyclopedia
The National Prohibition Act, known informally as the Volstead Act, was the enabling legislation for the Eighteenth Amendment
which established prohibition in the United States
. The Anti-Saloon League
's Wayne Wheeler
conceived and drafted the bill, which was named for Andrew Volstead
, Chairman of the House Judiciary Committee
, which managed the legislation.
in 1919.
The bill was vetoed by President Woodrow Wilson
, largely on technical grounds because it also covered wartime prohibition, but his veto was overridden
by the House on the same day, October 28, 1919, and by the Senate one day later. The three distinct purposes of the Act were:
It provided further that "no person shall manufacture, sell, barter, transport, import, export, deliver, or furnish any intoxicating liquor except as authorized by this act." It did not specifically prohibit the use of intoxicating liquors. The act defined intoxicating liquor as any beverage containing more than 0.5% alcohol by volume and superseded all existing prohibition laws in effect in states that had such legislation.
's Tom Dennison
and Chicago
's Al Capone
, became rich and were admired locally and nationally. Enforcement was difficult because the gangs became so rich they were often able to bribe underpaid and understaffed law-enforcement personnel and pay for expensive lawyers. Many citizens were sympathetic to bootleggers
, and respectable citizens were lured by the romance of illegal speakeasies, also called "blind pigs". The loosening of social mores during the 1920s included popularizing the cocktail
and the cocktail party
among higher socio-economic groups. Those inclined to help authorities were often intimidated, even murdered. In several major cities — notably those that served as major points of liquor importation (including Chicago and Detroit) -- gangs wielded significant political power. A Michigan State Police
raid on Detroit's Deutsches Haus once netted the mayor, the sheriff, and the local congressman.
The first documented infringement of the Volstead Act occurred in Chicago on January 17, 1920 at 12:59 a.m. According to police reports, six armed men stole $100,000 worth of "medicinal" whiskey from two freight train cars. This trend in bootlegging liquor created a domino effect with criminals across the United States. In fact, some gang leaders were stashing liquor months before the Volstead Act was enforced. The ability to sustain a lucrative business in bootlegging liquor was largely helped by the minimal police surveillance at the time. There were only 134 agents designated by the Prohibition Unit to cover all of Illinois, Iowa, and parts of Wisconsin. According to Charles C. Fitzmorris, Chicago's Chief of Police during the beginning of the Prohibition period: "Sixty percent of my police [were] in the bootleg business."
Section 29 of the Act allowed 200 gallons (the equivalent of about 1000 750 ml bottles) of "non-intoxicating cider and fruit juice" to be made each year at home. Initially "intoxicating" was defined as anything more than 0.5%, but the Bureau of Internal Revenue
soon struck that down and this effectively legalized home wine-making. For beer, however, the 0.5% limit remained until 1933. Some vineyards embraced the sale of grapes for making wine at home; Zinfandel grapes were popular among home winemakers living near the vineyards, but its tight bunches left their thin skins vulnerable to rot, due to rubbing and abrasion, on the long journey to East Coast markets. The thick skins of Alicante Bouschet
were less susceptible to rot, so this and similar varieties were widely planted for the home wine-making market.
The Act contained a number of exceptions and exemptions. Many of these were used to evade the law's intended purpose. For example, the Act allowed a physician to prescribe whiskey for his patients, but limited the amount that could be prescribed. Subsequently, the House of Delegates of the American Medical Association
voted to submit to Congress a bill to remove the limit on the amount of whiskey that could be prescribed and questioning the ability of a legislature to determine the therapeutic value of any substance.
The Act called for trials for anyone charged with an alcohol-related offense, and juries often failed to convict. Under the state of New York's Mullan-Gage Act, a short-lived local version of the Volstead Act, the first 4,000 arrests led to just six convictions and not one jail sentence.
Prohibition lost advocates as alcohol gained increasing social acceptance and as prohibition led to disrespect for the law and the growth of organized crime
. By 1933, public opposition to prohibition had become overwhelming. In January of that year, Congress sought to preempt opposition with the Cullen-Harrison Act which legalized "3.2 beer" (i.e., beer 3.2% alcohol by weight or 4% by volume), and wines of similarly low alcohol content, rather than the 0.5% limit defined by the original Volstead Act.
Congress passed the Blaine Act
, a proposed constitutional amendment to repeal Prohibition, in February. On December 5, 1933, Utah
became the 36th state to ratify the Twenty-first Amendment
, which repealed the Eighteenth Amendment, rendered the Volstead Act unconstitutional, and restored control of alcohol to the states. The creation of the Federal Alcohol Administration
in 1935 defined a modest role for the federal government with respect to alcohol and its taxation.
Eighteenth Amendment to the United States Constitution
The Eighteenth Amendment of the United States Constitution established Prohibition in the United States. The separate Volstead Act set down methods of enforcing the Eighteenth Amendment, and defined which "intoxicating liquors" were prohibited, and which were excluded from prohibition...
which established prohibition in the United States
Prohibition in the United States
Prohibition in the United States was a national ban on the sale, manufacture, and transportation of alcohol, in place from 1920 to 1933. The ban was mandated by the Eighteenth Amendment to the Constitution, and the Volstead Act set down the rules for enforcing the ban, as well as defining which...
. The Anti-Saloon League
Anti-Saloon League
The Anti-Saloon League was the leading organization lobbying for prohibition in the United States in the early 20th century. It was a key component of the Progressive Era, and was strongest in the South and rural North, drawing heavy support from pietistic Protestant ministers and their...
's Wayne Wheeler
Wayne Wheeler
Wayne Bidwell Wheeler was an American attorney and prohibitionist. Using deft political pressure and what might today be called a litmus test, he was able to influence many governments, and eventually the U.S. government, to prohibit alcohol.Wheeler was born in Brookfield, Ohio, to Mary Ursula...
conceived and drafted the bill, which was named for Andrew Volstead
Andrew Volstead
Andrew John Volstead was an American member of the United States House of Representatives from Minnesota,1903–1923, and a member of the Republican Party. His name is closely associated with the National Prohibition Act of 1919, usually called the Volstead Act...
, Chairman of the House Judiciary Committee
United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...
, which managed the legislation.
Procedure
While the Eighteenth Amendment to the United States Constitution prohibited the production, sale, and transport of "intoxicating liquors", it did not define "intoxicating liquors" or provide penalties. It granted both the federal government and the states the power to enforce the ban by "appropriate legislation." A bill to do so was introduced in CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1919.
The bill was vetoed by President Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...
, largely on technical grounds because it also covered wartime prohibition, but his veto was overridden
Veto override
A veto override is an action by legislators and decision-makers to override an act of veto by someone with such powers - thus forcing through a new decision. The power to override a veto varies greatly in tandem with the veto power itself. The U.S constitution gives a 2/3 majority Congress the...
by the House on the same day, October 28, 1919, and by the Senate one day later. The three distinct purposes of the Act were:
-
- to prohibit intoxicating beverages,
- to regulate the manufacture, sale, or transport of intoxicating liquor (but not consumption), and
- to ensure an ample supply of alcohol and promote its use in scientific research and in the development of fuel, dye and other lawful industries and practices, such as religious rituals.
It provided further that "no person shall manufacture, sell, barter, transport, import, export, deliver, or furnish any intoxicating liquor except as authorized by this act." It did not specifically prohibit the use of intoxicating liquors. The act defined intoxicating liquor as any beverage containing more than 0.5% alcohol by volume and superseded all existing prohibition laws in effect in states that had such legislation.
Enforcement and impact
The effects of Prohibition were largely unanticipated. Production, importation, and distribution of alcoholic beverages — once the province of legitimate business — were taken over by criminal gangs, which fought each other for market control in violent confrontations, including mass murder. Major gangsters, such as OmahaOmaha
Omaha may refer to:*Omaha , a Native American tribe that currently resides in the northeastern part of the U.S. state of Nebraska-Places:United States* Omaha, Nebraska* Omaha, Arkansas* Omaha, Georgia* Omaha, Illinois* Omaha, Texas...
's Tom Dennison
Tom Dennison (political boss)
Tom Dennison, aka Pickhandle, Old Grey Wolf, was the early-20th century political boss of Omaha, Nebraska. A politically savvy, culturally astute gambler, Dennison was in charge of the city's wide crime rings, including prostitution, gambling and bootlegging in the 1920s...
and Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
's Al Capone
Al Capone
Alphonse Gabriel "Al" Capone was an American gangster who led a Prohibition-era crime syndicate. The Chicago Outfit, which subsequently became known as the "Capones", was dedicated to smuggling and bootlegging liquor, and other illegal activities such as prostitution, in Chicago from the early...
, became rich and were admired locally and nationally. Enforcement was difficult because the gangs became so rich they were often able to bribe underpaid and understaffed law-enforcement personnel and pay for expensive lawyers. Many citizens were sympathetic to bootleggers
Smuggling
Smuggling is the clandestine transportation of goods or persons, such as out of a building, into a prison, or across an international border, in violation of applicable laws or other regulations.There are various motivations to smuggle...
, and respectable citizens were lured by the romance of illegal speakeasies, also called "blind pigs". The loosening of social mores during the 1920s included popularizing the cocktail
Cocktail
A cocktail is an alcoholic mixed drink that contains two or more ingredients—at least one of the ingredients must be a spirit.Cocktails were originally a mixture of spirits, sugar, water, and bitters. The word has come to mean almost any mixed drink that contains alcohol...
and the cocktail party
Cocktail party
A cocktail party is a party where cocktails are served. Women may choose to wear what has become known as a cocktail dress.Although many believe the inventor of the cocktail party to be Alec Waugh of London, who in 1924 found a need for this pleasant interlude before a dinner party, an article in...
among higher socio-economic groups. Those inclined to help authorities were often intimidated, even murdered. In several major cities — notably those that served as major points of liquor importation (including Chicago and Detroit) -- gangs wielded significant political power. A Michigan State Police
Michigan State Police
The Michigan State Police is the state police agency for the state of Michigan. The MSP is a full service law enforcement agency with its sworn members having full police powers statewide....
raid on Detroit's Deutsches Haus once netted the mayor, the sheriff, and the local congressman.
The first documented infringement of the Volstead Act occurred in Chicago on January 17, 1920 at 12:59 a.m. According to police reports, six armed men stole $100,000 worth of "medicinal" whiskey from two freight train cars. This trend in bootlegging liquor created a domino effect with criminals across the United States. In fact, some gang leaders were stashing liquor months before the Volstead Act was enforced. The ability to sustain a lucrative business in bootlegging liquor was largely helped by the minimal police surveillance at the time. There were only 134 agents designated by the Prohibition Unit to cover all of Illinois, Iowa, and parts of Wisconsin. According to Charles C. Fitzmorris, Chicago's Chief of Police during the beginning of the Prohibition period: "Sixty percent of my police [were] in the bootleg business."
Section 29 of the Act allowed 200 gallons (the equivalent of about 1000 750 ml bottles) of "non-intoxicating cider and fruit juice" to be made each year at home. Initially "intoxicating" was defined as anything more than 0.5%, but the Bureau of Internal Revenue
Bureau of Internal Revenue
Bureau of Internal Revenue may refer to:*Bureau of Internal Revenue, in the Philippines*former name of the Internal Revenue Service in the United States...
soon struck that down and this effectively legalized home wine-making. For beer, however, the 0.5% limit remained until 1933. Some vineyards embraced the sale of grapes for making wine at home; Zinfandel grapes were popular among home winemakers living near the vineyards, but its tight bunches left their thin skins vulnerable to rot, due to rubbing and abrasion, on the long journey to East Coast markets. The thick skins of Alicante Bouschet
Alicante Bouschet
Alicante Bouschet or Alicante Henri Bouschet is a wine grape variety that has been widely cultivated since 1866. It is a cross of Petit Bouschet and Grenache. Alicante is a teinturier, a grape with red flesh. It is one of the few teinturier grapes that belong to the Vitis vinifera species...
were less susceptible to rot, so this and similar varieties were widely planted for the home wine-making market.
The Act contained a number of exceptions and exemptions. Many of these were used to evade the law's intended purpose. For example, the Act allowed a physician to prescribe whiskey for his patients, but limited the amount that could be prescribed. Subsequently, the House of Delegates of the American Medical Association
American Medical Association
The American Medical Association , founded in 1847 and incorporated in 1897, is the largest association of medical doctors and medical students in the United States.-Scope and operations:...
voted to submit to Congress a bill to remove the limit on the amount of whiskey that could be prescribed and questioning the ability of a legislature to determine the therapeutic value of any substance.
The Act called for trials for anyone charged with an alcohol-related offense, and juries often failed to convict. Under the state of New York's Mullan-Gage Act, a short-lived local version of the Volstead Act, the first 4,000 arrests led to just six convictions and not one jail sentence.
Prohibition lost advocates as alcohol gained increasing social acceptance and as prohibition led to disrespect for the law and the growth of organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
. By 1933, public opposition to prohibition had become overwhelming. In January of that year, Congress sought to preempt opposition with the Cullen-Harrison Act which legalized "3.2 beer" (i.e., beer 3.2% alcohol by weight or 4% by volume), and wines of similarly low alcohol content, rather than the 0.5% limit defined by the original Volstead Act.
Congress passed the Blaine Act
Blaine Act
The Blaine Act was sponsored by Wisconsin Senator John J. Blaine and passed by the United States Senate on February 17, 1933. It initiated the repeal of the Eighteenth Amendment to the United States Constitution, which established Prohibition in the United States. The repeal was formally adopted as...
, a proposed constitutional amendment to repeal Prohibition, in February. On December 5, 1933, Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
became the 36th state to ratify the Twenty-first Amendment
Twenty-first Amendment to the United States Constitution
The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition...
, which repealed the Eighteenth Amendment, rendered the Volstead Act unconstitutional, and restored control of alcohol to the states. The creation of the Federal Alcohol Administration
Federal Alcohol Administration
The Federal Alcohol Administration was a United States government agency created in 1935 by the Federal Alcohol Administration Act, title 27 chapter 8 of the United States Code...
in 1935 defined a modest role for the federal government with respect to alcohol and its taxation.