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How Alcohol Prohibition Was Ended Essay Research

How Alcohol Prohibition Was Ended Essay, Research Paper


You saved the very


foundation of our Government. No man can tell where we


would have gone, or to what we would have fallen, had not


this repeal been brought about. -Letter to the VCL, 1933


This is a story about a small, remarkable group of lawyers


who took it upon themselves, as a self- appointed


committee, to propel a revolution in a drug policy: the


repeal of the 18th Amendment. In 1927, nine prominent


New York lawyers associated themselves under the


intentionally-bland name, "Voluntary Committee of


Lawyers," declaring as their purpose " to preserve the spirit


of the Constitution of the United States [by] bring[ing]


about the repeal of the so-called Volstead Act and the


Eighteenth Ammendment." With the modest platform they


thus commanded, reinforced by their significant stature in


the legal community, they undertook first to draft and


promote repeal resolutions for local and state bar


asssociations. Their success culminated with the American


Bar Association calling for repeal in 1928, after scores of


city and state bar associations in all regions of the country


had spoken unambiguously, in words and ideas cultivated,


shaped, and sharpened by the VCL. As it turned out, this


successwas but prelude to their stunnung achievement


several years later. Due in large to the VCL"s extraordinary


work, the 18tg Amendment was, in less than a year,


surgically struck from the Constitution. Repeal was a


reality. The patient was well. People could drink. Here is


how it happened. Climaxing decades of gathering hostility


towards salloons and moral outrage over the general


degeneracy said to be flowing from bottles and kegs, the


Cocstitution of the United States had been amended,


effective 1920, to progibit the manufacture and sale of


"intoxicating liquors." the Volstead Act, the federal statute


implementing the prohibitionamindmint, progibited


commerce in beer as well. At first prohibition was popular


among those who had suppored it, and tolerated by the


others. But before long, unmistakable grumbling was heard


in the cities. To meet the uninterrupted demand for alcohol,


there sprang up bathtub ginworks and basement stills, tight


and discrete illegal supply networks, and speakeasies:


secret, illegal bars remembered chiefly today as where, for


the first time, women were seen smoking in public.


Commerse in alcohol plunged underground, and soon fell


under the control of thugs and gangsters, whose


organizations often acquired their merchandise legally in


Canada. Violence aften settled commercial differences-


necessarily, it might be said, as suppliers and distributors


were denied the services of lawyers, insurance companies,


and the civil courts. On the local level, widesspread


disobedience of the progibition laws by otherwise


law-abiding citizens produced numerous arrests. Courts


were badly clogged, in large part because nearly all


defendents demanded jury trials, confident that a jury of


their peers was likely to view their plight sympathetically.


With the growth of well-organized and serious national


anti-Prohibition groups like Americans Against the


Prohibition Amendment and the Women’s Organization for


National Prohibition Reform, popular support for repeal


grew geometrically during the thirteen years of Prohibition.


In th midst of the 1932 presidential election campaign, it


erupted. It was summer. Millions were broken from


economic depression, beleaguered by crime and


corruption, and thirsty. As expected, the Republicans


nominated the incumbent President, Herbert Hoover, who


was pledged to support Prohibition. The VCL made a


stalwart effort to gain a repeal plank in the platform, taking


the debate as far as the convention floor, where they were


turned away by a preponderance of delegates. The sitution


was much different with the Democrats. Governor Franklin


D. Roosevelt of New York, who led in the delegate count,


had carefully avoided taking a position on repeal. At the


convention, a successful floor fight produced a pro-repeal


plank- drafted and defended by the VCL- in the


Democratic platform, which FDR unambiguously endorsed


in his acceptance speech. "Tjis convention wants repeal,"


he declared. "Your candidate wants repeal." During the


election campaign, FDR made one unequivocal speech


endorsing repeal. Otherwise, both candidates successfully


aboided the issue, despite- or perhaps because of- their


having takin opposite positions. "Politics is the art of


changing the subject," observed Walter Mondale many


years later. When the only thing standing in the way of


repeal was the election of FDR, thousnads of "wets" and


hundreds of "wet" organizations moved unambiguously


behind the Democrat. The message was clear: Roosevelt


meant repeal, and repeal meant Roosevelt. People wanted


both, and Roosevelt triumphed in the election. The Number


of "wets" in Congress grew significantly. In the nine states,


voters passed referenda repealing the state prohibition


laws. This is when th VCL stepped forward and took on


the remarkable leadership and responsibility for which they


were so uniquelyequipped. It required no particular insight


into the nature of democracy to know that when the weight


of public opinion demanded repeal of Prohibition,


Prohibition would be repealed. The question was how.


Certainly, lest the repeal process- like any important


undertaking- become mired in political and legal


entanglements, a thorough and solid legal plan was


essential. For years, repeal advocates had urged that the


repeal question should be resolved by conventions in the


states, which is one of two methods prescribed in the


Constitution for ratifying amendments. Problem was, this


method had never been used. Always, the matter of


amending the Constitution had been (and to this day has


been) decided by state legislatures. But to "wets," that was


out of the question, as state legislatures were notoriousy


"dry," being dominated by rural, fundamentalist interests,


passionate in their defense of progibition. (The "one man,


one vote" rule would not

become law for another thirty-one


years.) The repeal resolution had to bypass state


legislatures and go th popularly- elected conventions, if it


were to succeed. But by whom were such conventions to


be called? How were delegated to be chosen? When and


where were they to convene? Who would preside? By


what rules should the convention conduct itself? What


rights and priveleges would delegates have? How were


conflicts between state and federal law to be resolved?


Heavy questions, these and neither Congress nor any state


had spoken on the subject. Enter the VCL. Conferring with


eminent Constitutional scholars, conducting exhaustive legal


and historical research, feverishly circulating drafts of


statutes, memoranda, briefs, summaries, etc.- the working


drawings of legal change- the VCL quickly produced a


prototype state statute, which dealt with all of the


organizational problims involved in setting up Constitutional


camventions in the states. It was as invulnerable to legal


challenge as the best legal- minds could make it. Called


"truly representative," the conventions were carefully set up


to mirror exactly the priferences of voters. This was


accomplished by voters electing delegates pledged for or


against repeal, and apportioning delegates based for or


against vote. Thus the convention process became


essentially a two- step referendum: voters would speak,


and delegates would vote accordingly. In no way were the


conventions to be deliberative bodies. The pretense of


debvate was not to stand in the way of repeal. Copies of


the draft bills were sent to every governor and legislative


leader in all the states. Utilizing their impressive network of


affiliate- members throughout the forty-eight states, as well


as their expuisite and plucky legal skills, the VCL provided


expert witnesses for legislative hearings, submitted thorough


legal briefs, defended legalchallenges, answered


Constitutional questions- in short, enable states to prepare


for the day that Congress would pass a repeal resolution


and send it to the states for ratification. Congress finally


loosened the steamroller on February 20, 1933, an by


December 5, in thirty-six states (the necessary


three-fourths) legislation setting up conventions had been


enacted, the conventions had been called, delegates had


been elected and convened, and repeal resolution had


passed! the final rollcall vote, in Utah, was eagerly


monitored by millions over a national radio broadcast.


Nearly all the states that ratified the repeal resolution relied


heavily on the prototype statute promulgated by the VCL.


Many enacted it verbatim, others borrowed from it heavily.


Several hours after Utah ratified the 21st Amendment,


while millions of Americans were celebrating, the VCL


treasurer quietly balanced the books by making a final


contribution from his own pocket in the amount of $6.66,


and closed them permanently. Who were they? At its peak,


the VCL claimed around 3,500 "affiliate" lawyers in all


states among its members. The organization was managed,


however, by tight coterie of nine impeccably established


"white shoe" lawyers. For the entire term of its existence,


the VCL was chaired by Joseph H. Choate, Jr., son of


Theodore Roosevelt’s ambassador to England, and an


eminent Park Avenue lawyer. The organization’s treasurer


was Harrison Tweed, another Harvard/Harvard man, one


of the country’s most successful lawyers, and a prime


mover in many important civic causes. Choate and Tweed


and seven others, similarily pedigreed, called themselves


the Executive Committee, and prudently managed the


affaurs of the organization. They were elite, but by no


means elitist. They solicited affiliates in every state and


participation by as many lawyers as possible, using ads


placed in lawyers’ magazines. very inquiry brought a


thoughtful and deliberate response, as well as an appeal for


financial support. The executive committee hired an


Executive Secretary, Mrs. H.P. Rhoudy, who ran the


national office, and visited many state capitals, inlisting local


lawyers and political figures in the cause. Her dispatches


back to New York ring of diplomacy at its best. What


motivated these men? Their formal corporate charter,


adopted in 1927, declared their grievances: The Eighteenth


Amendment and the Volstead Act violate the basic


principles of our law and government and encroach upon


the powers properly reserved to the States and the people.


The attempt to enforce them has been productive of such


evils and abuses as are necessarily incident to violation of


those principles, insluding disrespect for laws; obstruction


of the due administration of justice; corruption of public


officials; abuse of legal process; resort by the Government


to improper and illegal acts int procurement of evidence;


infringement of such constitutional guarantees as immunity


from double jeopardy and illegal search and seizure.


Surely, the VCL executive committee were men of sociey


where Prohibition was decidely unpopular, but their


declared objective was to exise from the Constitution a


vexatious and festering sore. When they achieved that


objective, they disbanded. What are the lessons of their


success? Certainly, timing, preparation, and the creed of


any good lobbyist: that one doesn’t have to be a politician


to make policy. A more foreboding lesson is that the


United States Constitution, upon which we ultimately rely


for the preservation of our form of government and our


sacred individual liberties, is highly vulnerable to the force


public opinion. If the 18th Amendment can be repealed in a


mere 288 days, cannot the First, or the Fifth? As the VCL


prototype stature was not specific to repeal, the mechanism


they helped put in place likely remains on the book in all


states that enacted it. Leaders of the VCL were railroad


lawyers. What railroads paid them handsomely for, they


did for the public gratis. They saw a train coming, and


hurriedly secured all the rights and easements necessary if it


were to reach its destination, avoiding a morass of


debilitating lawsuits and other legal complications. Had they


not made this vital contribution, ratification may well have


failed.

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