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Constitutional Choices: Political Parties, Groups, and Prohibition Politics in the United States

Published online by Cambridge University Press:  31 August 2018

Aaron J. Ley  and
Cornell W. Clayton
Aaron J. Ley
Affiliation:
University of Rhode Island
Cornell W. Clayton
Affiliation:
Washington State University
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Abstract:

Traditional accounts of the Eighteenth and Twenty-first Amendments to the U.S. Constitution largely ignore the role of the major political parties. We argue that partisan politics was an integral part of the constitutional politics of this period. The need to manage divisions within both parties’ electoral coalitions during the transition from the third to the fourth-party systems led to the enactment of the Eighteenth Amendment without support from either national party. While most accounts trace prohibition’s demise to widespread noncompliance and the graft it generated, we argue that elite congressional support for prohibition gave way when civil service reforms removed federal prohibition agents as patronage resources. We also argue that by giving states control of designing state conventions, and thereby risking state malapportionment of conventions, Democrats succeeded in overcoming the traditional fissures that divided their southern and northern wings.

Keywords

ProhibitionEighteenth AmendmentSenator Morris SheppardU.S. political party politicsinterest groups
Type
Article
Information
Journal of Policy History , Volume 30 , Issue 4 , October 2018 , pp. 609 - 634
Copyright
Copyright © Donald Critchlow and Cambridge University Press 2018 

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Footnotes

The authors wish to thank William Woodworth and Molly Burke for their research assistance during the development of this project. The authors would also like to thank the anonymous reviewers, the editor, and Gbemende Johnson for their comments and feedback.

References

NOTES

1. Asbury, Herbert, The Great Illusion: An Informal History of Prohibition (Garden City, N.Y., 1950).Google Scholar

2. Pegram, Thomas R., Battling Demon Rum: The Struggle for a Dry America, 1800–1933 (Chicago, 1998);Google Scholar McGirr, Lisa, The War on Alcohol: Prohibition and the Rise of the American State (New York, 2016).Google Scholar

3. Burnham, John C., Bad Habits: Drinking, Smoking, Taking Drugs, Gambling, Sexual Misbehavior, and Swearing in American History (New York, 1993).Google Scholar

4. Data on elections in this section come from Dave Leip’s Atlas of U.S. Presidential Elections (retrieved 29 February 2016, at http://uselectionatlas.org/). Data and information about Prohibition Party platforms in this section come from Johnson, Donald Bruce and Porter, Kirk H., eds., National Party Platforms, 1840–1960 (1961) (retrieved 29 February 2016, at http://prohibitionists.org/Background/Party_Platform/Platform_Index.htm).Google Scholar Data and information about the platforms of the Democratic and Republican parties and presidential speeches come from The American Presidency Project archives (retrieved 29 February 2016, at http://www.presidency.ucsb.edu/platforms.php).

5. Gusfield, Joseph R., Symbolic Crusade: Status Politics and the American Temperance Movement, 2nd ed. (Urbana-Champaign, 1986).Google Scholar

6. Rumbarger, John J., Power, Politics, and Prohibition: Alcohol Reform and the Industrializing of America, 1800–1930 (Albany, N.Y., 1989).Google Scholar

7. Blocker, Jack S. Jr., Retreat from Reform: The Prohibition Movement in the United States, 1890–1913 (Westport, Conn., 1976).Google Scholar

8. Bordin, Ruth, Frances Willard: A Biography (Chapel Hill, 1986).Google Scholar

9. Kerr, K. Austin, “Organizing for Reform: The Anti-Saloon League and Innovation in Politics,” American Quarterly 32 (1980): 37–53;CrossRefGoogle Scholar Isaac, Paul E., Prohibition and Politics: Turbulent Decades in Tennessee, 1885–1920 (Knoxville, 1965);Google Scholar Odegard, Peter H., Pressure Politics: The Story of the Anti-Saloon League (New York, 1928).Google Scholar

10. Kyvig, David E., Repealing National Prohibition (Kent, Ohio, 1979);Google Scholar Okrent, Daniel, Last Call: The Rise and Fall of Prohibition (New York, 2010).Google Scholar

11. In fact, in Repealing National Prohibition, Kyvig argues that “partisanship was notably absent from congressional action on prohibition in 1917. . . . More than a decade would pass before the major parties adopted distinguishable positions on the liquor question” (12).

12. Skowronek, Stephen, Building a New American State: The Expansion of National Administrative Capacities, 1877–1920 (New York, 1982).CrossRefGoogle Scholar

13. Our analysis involved a simple content analysis of all party platforms and presidential inaugural and SOTU address as found on the American Presidency Project website at http://www.presidency.ucsb.edu/platforms.php and sources listed in note 4, searching for key terms (and variations thereof) related to prohibition, including: “sumptuary,” “alcohol,” “temperance,” “sobriety,” and “prohibition.” We also analyzed the parties’ platforms for discussions of constitutional amendments during these same time periods, searching for key terms such as “Constitution,” “amendment,” “income tax,” “child labor,” “Senate,” “elections,” “suffrage,” and “women.”

14. The only exceptions were when Presidents Coolidge and Hoover complained about the lack of prohibition enforcement.

15. Conley, Patricia, Presidential Mandates: How Elections Shape the National Agenda (Chicago, 2001);Google Scholar Fishel, Jeff, Presidents and Promises (Washington, D.C., 1985).Google Scholar

16. Klingemann, Hans-Dieter, Hofferbert, Richard I., and Budge, Ian, Parties, Policies, and Democracy (Boulder, 1994);Google Scholar Pomper, Gerald M., Party Renewal in America: Theory and Practice (New York, 1980).Google Scholar

17. Burnham, Dean Walter. “The System of 1896: An Analysis,” in The Evolution of American Electoral Systems, ed. Kleppner, Paul, Burham, Walter Dean, Formisano, Ronald P., Hays, Samuel P., Jensen, Richard, and Shade, William G. (New York, 1981), 147–202.Google Scholar

18. Kleppner, Paul, “From Ethnoreligious Conflict to ‘Social Harmony’: Coalitional and Party Transformations in the 1890s,” in Emerging Coalitions in American Politics, ed. Lipset, Seymour Martin (San Francisco, 1978).Google Scholar

19. Ibid.

20. In the 46th Congress (1879–81), 14 of the 293 members of the House (5 percent) belonged to third parties. During the 55th Congress (1897–99), 16 of the 357 members of the House (4 percent) and 10 of the 90 members of the Senate (11 percent) came from third parties. During the 63rd Congress (1913–15), 18 of the 435 members of the House (4 percent) and one member of the Senate still represented third parties. And, as already noted, during the 65th Congress, which passed the prohibition amendment, nine members of Congress from third parties held the balance of power, supplying Democrats the majority needed to control the chamber.

21. Hamm, Richard F., Shaping the Eighteenth Amendment: Temperance Reform, Legal Culture, and the Polity, 1880–1920 (Chapel Hill, 1995).Google Scholar

22. Kleppner, Paul, The Third-Electoral System, 1853–1892: Parties, Voters, and Political Culture (Chapel Hill, 1979).Google Scholar

23. DeCanio, Samuel, “Religion and Nineteenth-Century Voting Behavior: A New Look at Some Old Data,” Journal of Politics 69 (2007): 339–50;CrossRefGoogle Scholar Kleppner, The Third-Electoral System.

24. Gould, Lewis L., Progressives and Prohibitionists: Texas Democrats in the Wilson Era (Austin, 1973), xiii.Google Scholar

25. McGerr, Michael, A Fierce Discontent: The Rise and Fall of the Progressive Movement in America, 1870–1920 (New York, 2005).Google Scholar

26. Baker Burton, “Taft,” Time Magazine (15 October 1928).

27. Kyvig, Repealing National Prohibition.

28. Burnham, Bad Habits, 30; Okrent, Last Call, 361.

29. Mettler, Suzanne and SoRelle, Mallory, “Policy Feedback Theory,” in Theories of the Policy Process, ed. Sabatier, Paul A. and Weible, Christopher M. (Boulder, 2014), 151.Google Scholar

30. Knott, Jack H. and Miller, Gary J., Reforming Bureaucracy: The Politics of Institutional Choice (Upper Saddle River, N.J., 1987).Google Scholar

31. Hamm, Shaping the Eighteenth Amendment, 254.

32. McGirr, The War on Alcohol, 69.

33. Oakley, Imogen B., “The Prohibition Law and the Political Machine,” The Annals of the American Academy of Political and Social Science 109 (1923): 165–74.CrossRefGoogle Scholar

34. Foulke, William Dudley, “Prohibition Under the Spoils System,” in Prohibition Modification of the Volstead Law, ed. Beman, Lamar T. (New York, 1923), 120.Google Scholar Members of Congress argued that placing these agents under the civil service would unnecessarily eliminate experienced internal revenue officers. The president of the NCSRL was dubious of this claim, believing that it “was fictitious and was urged to secure patronage for these congressmen.” Foulke, “Prohibition Under the Spoils System,” 119.

35. Oakley, “The Prohibition Law and the Political Machine,” 172.

36. Pegram, Battling Demon Rum, 154–55.

37. Hamm, Richard F., “Administration and Prison Suasion: Law Enforcement in the American Temperance Movement, 1880–1920,” Contemporary Drug Problems (Fall 1994): 375–99.CrossRefGoogle Scholar

38. Walnut, Henry T., “The Power of Money,” in Prohibition Modification of the Volstead Law, ed. Beman, Lamar T. (New York, 1923), 129.Google Scholar

39. National Commission on Law Observance and Enforcement, Report of the Wickersham Commission, and George Woodward Wickersham, Washington, D.C., 1931, 208–9.

40. Senate Judiciary Subcommittee on Bills to Amend the National Prohibition Act, The National Prohibition Law, United States Senate, 69th Congress (1926), 394.

41. McGirr, The War on Alcohol, 208.

42. Kobler, John, Ardent Spirits: The Rise and Fall of Prohibition (New York, 1973), 275;Google Scholar McGirr, The War on Alcohol, 275.

43. Okrent, Last Call.

44. Foulke, William Dudley, “Prohibition Inside Out,” National Municipal Review (January 1924): 10–14.CrossRefGoogle Scholar

45. Lee, Henry, How Dry We Were: Prohibition Revisited (Englewood Cliffs, N.J., 1963), 154.Google Scholar

46. Pegram, Battling Demon Rum, 154–55.

47. Kobler, Ardent Spirits.

48. Foulke, “Prohibition Under the Spoils System,” 121.

49. Ibid., 117.

50. Oakley, Imogen B., “Obstacles to Enforcing the Volstead Act,” in Prohibition Modification of the Volstead Law, ed. Beman, Lamar T. (New York, 1923), 122.Google Scholar

51. Sinclair, Andrew, Era of Excess: A Social History of the Prohibition Movement (Boston, 1962), 275.Google Scholar

52. Dobyns, Fletcher, The Amazing Story of Repeal: An Exposé of the Power of Propaganda (New York, 1940), 332.Google Scholar

53. Senate Judiciary Subcommittee on Bills to Amend the National Prohibition Act, The National Prohibition Law, United States Senate, 69th Congress (1926), 433–39Google Scholar (see for the perception among members of Congress that national public opinion polls showed overwhelming opposition to prohibition); House Committee on the Civil Service, Extension of Civil Service Regulations to Prohibition Agents, United States House of Representatives, 69th Congress (1926) (see for discussion among members of Congress for the extension of civil service protections to Prohibition Bureau employees).

54. Burnham, Bad Habits, 35.

55. House Committee on the Civil Service, Extension of Civil Service Regulations to Prohibition Agents, United States House of Representatives, 69th Congress, at 19 (1926).

56. Treasury Department, Annual Report of the Commissioner of Internal Revenue for the Fiscal Year Ended June 30 1920, Washington, D.C., 1920;Google Scholar Treasury Department, Annual Report of the Commissioner of Internal Revenue for the Fiscal Year Ended June 30 1921, Washington, D.C., 1921;Google Scholar Treasury Department, Annual Report of the Commissioner of Internal Revenue for the Fiscal Year Ended June 30 1922, Washington, D.C., 1922;Google Scholar Treasury Department, Annual Report of the Commissioner of Internal Revenue for the Fiscal Year Ended June 30 1923, Washington, D.C., 1923;Google Scholar Treasury Department, Annual Report of the Commissioner of Internal Revenue for the Fiscal Year Ended June 30 1924, Washington, D.C., 1924;Google Scholar Treasury Department, Annual Report of the Commissioner of Internal Revenue for the Fiscal Year Ended June 30 1925, Washington, D.C., 1925;Google Scholar Treasury Department, Annual Report of the Commissioner of Internal Revenue for the Fiscal Year Ended June 30 1926, Washington, D.C., 1926.Google Scholar

57. Schmeckebier, Laurence F., The Bureau of Prohibition: Its History, Activities, and Organization (Washington, D.C., 1929), 20.Google Scholar

58. Kobler, Ardent Spirits, 279.

59. Schmeckebier, The Bureau of Prohibition, 10.

60. Okrent, Last Call.

61. Burnham, Bad Habits, 48.

62. Neal, Steve, Happy Days Are Here Again: The 1932 Democratic Convention, the Emergence of FDR—and How America Was Changed Forever (New York, 2005).Google Scholar

63. Weir, Margaret, “States, Race, and the Decline of New Deal Liberalism,” Studies in American Political Development 19 (2005): 157–72.CrossRefGoogle Scholar

64. Okrent, Last Call, 299.

65. Ibid.

66. Vose, Clarence E., Constitutional Change: Amendment Politics and Supreme Court Litigation Since 1900 (Lexington, Mass., 1972).Google Scholar

67. Kyvig, David E., Explicit and Authentic Acts: Amending the U.S. Constitution, 1776–1995 (Lawrence, Kans., 1996), 265.Google Scholar

68. Dobyns, The Amazing Story of Repeal, 45.

69. McGirr, The War on Alcohol, 234.

70. Andersen, Kristi, The Creation of a Democratic Majority, 1928–1936 (Chicago, 1979).Google Scholar

71. Congressional Record, 69th Cong., 1st sess., 1926, 67, 5309; Neal, Happy Days Are Here Again.

72. Bain, Richard C. and Parris, Judith H., Convention Decisions and Voting Records (Washington, D.C., 1973), 236.Google Scholar

73. Official Report of the Proceedings of the Twentieth Republican National Convention, 1932 (New York, 1932), 127.

74. Vose, Constitutional Change, 110.

75. Neal, Happy Days Are Here Again, 93.

76. Ibid., 105–6.

77. Ibid., 243–44.

78. Oulahan, Richard, The Man Who… : The Story of the Democratic National Convention of 1932 (New York, 1971).Google Scholar

79. Vose, Constitutional Change, 134.

80. Hon. William Clark, “Ratification of Constitutional Amendment by Conventions,” Senate Document No. 181 (1933), 5.

81. Congressional Record, 72nd Cong., 2nd sess., 1932, 76, 30.

82. Ibid., 14.

83. Ibid., 4515.

84. Whittington, Keith E., Constitutional Construction: Divided Powers and Constitutional Meaning (Cambridge, Mass., 2001).Google Scholar