Prohibition The Constitution And States Rights

Author : Sean Beienburg
Publisher : University of Chicago Press
Page : 333 pages
File Size : 47,6 Mb
Release : 2019-06-20
Category : History
ISBN : 9780226632131

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Prohibition, the Constitution, and States' Rights by Sean Beienburg Pdf

Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.

Author : Archibald Ewing Stevenson
Publisher : Unknown
Page : 174 pages
File Size : 44,6 Mb
Release : 1927
Category : Prohibition
ISBN : UCAL:$B22140

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States' Rights and National Prohibition by Archibald Ewing Stevenson Pdf

Author : Fabian Franklin
Publisher : Createspace Independent Publishing Platform
Page : 48 pages
File Size : 54,6 Mb
Release : 2018-07-11
Category : Electronic
ISBN : 1722821787

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What Prohibition Has Done to America by Fabian Franklin Pdf

What Prohibition Has Done to America by Fabian Franklin THE object of a Constitution like that of the United States is to establish certain fundamentals of government in such a way that they cannot be altered or destroyed by the mere will of a majority of the people, or by the ordinary processes of legislation. The framers of the Constitution saw the necessity of making a distinction between these fundamentals and the ordinary subjects of law-making, and accordingly they, and the people who gave their approval to the Constitution, deliberately arrogated to themselves the power to shackle future majorities in regard to the essentials of the system of government which they brought into being. They did this with a clear consciousness of the object which they had in view--the stability of the new government and the protection of certain fundamental rights and liberties. But they did not for a moment entertain the idea of imposing upon future generations, through the extraordinary sanctions of the Constitution, their views upon any special subject of ordinary legislation. Such a proceeding would have seemed to them far more monstrous, and far less excusable, than that tyranny of George III and his Parliament which had given rise to the American Revolution. We are delighted to publish this classic book as part of our extensive Classic Library collection. Many of the books in our collection have been out of print for decades, and therefore have not been accessible to the general public. The aim of our publishing program is to facilitate rapid access to this vast reservoir of literature, and our view is that this is a significant literary work, which deserves to be brought back into print after many decades. The contents of the vast majority of titles in the Classic Library have been scanned from the original works. To ensure a high quality product, each title has been meticulously hand curated by our staff. Our philosophy has been guided by a desire to provide the reader with a book that is as close as possible to ownership of the original work. We hope that you will enjoy this wonderful classic work, and that for you it becomes an enriching experience.

Author : Sean Beienburg
Publisher : University of Chicago Press
Page : 333 pages
File Size : 49,9 Mb
Release : 2019-06-27
Category : History
ISBN : 9780226632278

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Prohibition, the Constitution, and States' Rights by Sean Beienburg Pdf

Colorado’s legalization of marijuana spurred intense debate about the extent to which the Constitution preempts state-enacted laws and statutes. Colorado’s legal cannabis program generated a strange scenario in which many politicians, including many who freely invoke the Tenth Amendment, seemed to be attacking the progressive state for asserting states’ rights. Unusual as this may seem, this has happened before—in the early part of the twentieth century, as America concluded a decades-long struggle over the suppression of alcohol during Prohibition. Sean Beienburg recovers a largely forgotten constitutional debate, revealing how Prohibition became a battlefield on which skirmishes of American political development, including the debate over federalism and states’ rights, were fought. Beienburg focuses on the massive extension of federal authority involved in Prohibition and the passage of the Eighteenth Amendment, describing the roles and reactions of not just Congress, the presidents, and the Supreme Court but political actors throughout the states, who jockeyed with one another to claim fidelity to the Tenth Amendment while reviling nationalism and nullification alike. The most comprehensive treatment of the constitutional debate over Prohibition to date, the book concludes with a discussion of the parallels and differences between Prohibition in the 1920s and debates about the legalization of marijuana today.

Author : W. J. Rorabaugh
Publisher : Oxford University Press
Page : 145 pages
File Size : 43,9 Mb
Release : 2018
Category : History
ISBN : 9780190689933

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Prohibition by W. J. Rorabaugh Pdf

Although Americans have always been a hard-drinking people, voters used the democratic process to ban alcohol from 1920 to 1933. This bizarre episode, which uniquely involved two constitutional amendments, has often been humorously recalled, frequently satirized, and usually condemned. Themore interesting questions, however, are how and why Prohibition came about, how Prohibition worked (and failed to work), and how Prohibition gave way to strict governmental regulation of alcohol. This book answers these questions, presenting a brief and elegant overview of the Prohibition era.During the 1920s alcohol prices rose, quality declined, and consumption dropped. Since beer was too bulky to hide and largely disappeared, drinkers swallowed mixed drinks made with moonshine or mediocre imported liquor. The all-male saloon gave way to the speakeasy, where men and women drank, ate,and danced to jazz.This book illustrates how public support for prohibition collapsed due to gangster violence and the need for local, state, and federal government alcohol revenue during the Great Depression. As public opinion turned against prohibition, Franklin Delano Roosevelt promised to repeal prohibition in1932. Legal, taxed beer came in April 1933, and the Twenty-first Amendment was ratified in December 1933. After 1933, state alcohol control boards adopted strong regulations, whose legacies continue to influence American drinking habits.With his unparalleled historical knowledge and expertise in American drinking patterns, W. J. Rorabaugh provides an elegant and accessible synthesis of one of the most important topics in US history, showing how a powerful socio-political movement can shift emphasis over time.

Author : United States
Publisher : Unknown
Page : 66 pages
File Size : 48,9 Mb
Release : 1893
Category : Electronic
ISBN : PRNC:32101050870540

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Constitution by United States Pdf

Author : Lisa McGirr
Publisher : W. W. Norton & Company
Page : 384 pages
File Size : 49,7 Mb
Release : 2015-11-30
Category : History
ISBN : 9780393248791

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The War on Alcohol: Prohibition and the Rise of the American State by Lisa McGirr Pdf

“[This] fine history of Prohibition . . . could have a major impact on how we read American political history.”—James A. Morone, New York Times Book Review Prohibition has long been portrayed as a “noble experiment” that failed, a newsreel story of glamorous gangsters, flappers, and speakeasies. Now at last Lisa McGirr dismantles this cherished myth to reveal a much more significant history. Prohibition was the seedbed for a pivotal expansion of the federal government, the genesis of our contemporary penal state. Her deeply researched, eye-opening account uncovers patterns of enforcement still familiar today: the war on alcohol was waged disproportionately in African American, immigrant, and poor white communities. Alongside Jim Crow and other discriminatory laws, Prohibition brought coercion into everyday life and even into private homes. Its targets coalesced into an electoral base of urban, working-class voters that propelled FDR to the White House. This outstanding history also reveals a new genome for the activist American state, one that shows the DNA of the right as well as the left. It was Herbert Hoover who built the extensive penal apparatus used by the federal government to combat the crime spawned by Prohibition. The subsequent federal wars on crime, on drugs, and on terror all display the inheritances of the war on alcohol. McGirr shows the powerful American state to be a bipartisan creation, a legacy not only of the New Deal and the Great Society but also of Prohibition and its progeny. The War on Alcohol is history at its best—original, authoritative, and illuminating of our past and its continuing presence today.

Author : Daniel Okrent
Publisher : Simon and Schuster
Page : 480 pages
File Size : 49,7 Mb
Release : 2010-05-11
Category : History
ISBN : 1439171696

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Last Call by Daniel Okrent Pdf

A brilliant, authoritative, and fascinating history of America’s most puzzling era, the years 1920 to 1933, when the U.S. Constitution was amended to restrict one of America’s favorite pastimes: drinking alcoholic beverages. From its start, America has been awash in drink. The sailing vessel that brought John Winthrop to the shores of the New World in 1630 carried more beer than water. By the 1820s, liquor flowed so plentifully it was cheaper than tea. That Americans would ever agree to relinquish their booze was as improbable as it was astonishing. Yet we did, and Last Call is Daniel Okrent’s dazzling explanation of why we did it, what life under Prohibition was like, and how such an unprecedented degree of government interference in the private lives of Americans changed the country forever. Writing with both wit and historical acuity, Okrent reveals how Prohibition marked a confluence of diverse forces: the growing political power of the women’s suffrage movement, which allied itself with the antiliquor campaign; the fear of small-town, native-stock Protestants that they were losing control of their country to the immigrants of the large cities; the anti-German sentiment stoked by World War I; and a variety of other unlikely factors, ranging from the rise of the automobile to the advent of the income tax. Through it all, Americans kept drinking, going to remarkably creative lengths to smuggle, sell, conceal, and convivially (and sometimes fatally) imbibe their favorite intoxicants. Last Call is peopled with vivid characters of an astonishing variety: Susan B. Anthony and Billy Sunday, William Jennings Bryan and bootlegger Sam Bronfman, Pierre S. du Pont and H. L. Mencken, Meyer Lansky and the incredible—if long-forgotten—federal official Mabel Walker Willebrandt, who throughout the twenties was the most powerful woman in the country. (Perhaps most surprising of all is Okrent’s account of Joseph P. Kennedy’s legendary, and long-misunderstood, role in the liquor business.) It’s a book rich with stories from nearly all parts of the country. Okrent’s narrative runs through smoky Manhattan speakeasies, where relations between the sexes were changed forever; California vineyards busily producing “sacramental” wine; New England fishing communities that gave up fishing for the more lucrative rum-running business; and in Washington, the halls of Congress itself, where politicians who had voted for Prohibition drank openly and without apology. Last Call is capacious, meticulous, and thrillingly told. It stands as the most complete history of Prohibition ever written and confirms Daniel Okrent’s rank as a major American writer.

Author : Kenneth D. Rose
Publisher : NYU Press
Page : 253 pages
File Size : 41,9 Mb
Release : 1997-06
Category : History
ISBN : 9780814774663

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American Women and the Repeal of Prohibition by Kenneth D. Rose Pdf

Rose (history, California State U.) analyzes the political mechanisms used to repeal the Eighteenth Amendment prohibiting the manufacture and sale of alcohol. What makes the work unique is his emphasis on the role of women's organizations in both prohibition and repeal, and how the arguments used by women's organizations to promote the Eighteenth Amendment in 1923 were used by opponents to repeal it in 1933--specifically, the idea of "home protection," which was a socialist feminist ideology held by both groups. The author is dedicated to recovering the history of politically conservative women who have been traditionally ignored or dismissed in other historical studies. Annotation copyright by Book News, Inc., Portland, OR

Author : Adam Chilton,Mila Versteeg
Publisher : Oxford University Press, USA
Page : 397 pages
File Size : 42,6 Mb
Release : 2020
Category : Law
ISBN : 9780190871451

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How Constitutional Rights Matter by Adam Chilton,Mila Versteeg Pdf

Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

Author : John F. Kowal
Publisher : The New Press
Page : 493 pages
File Size : 51,9 Mb
Release : 2021-09-21
Category : Law
ISBN : 9781620975626

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The People’s Constitution by John F. Kowal Pdf

The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.

Author : National Research Council,Division of Behavioral and Social Sciences and Education,Commission on Behavioral and Social Sciences and Education,Assembly of Behavioral and Social Sciences,Committee on Substance Abuse and Habitual Behavior,Panel on Alternative Policies Affecting the Prevention of Alcohol Abuse and Alcoholism
Publisher : National Academies Press
Page : 478 pages
File Size : 53,6 Mb
Release : 1981-02-01
Category : Social Science
ISBN : 9780309031493

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Alcohol and Public Policy by National Research Council,Division of Behavioral and Social Sciences and Education,Commission on Behavioral and Social Sciences and Education,Assembly of Behavioral and Social Sciences,Committee on Substance Abuse and Habitual Behavior,Panel on Alternative Policies Affecting the Prevention of Alcohol Abuse and Alcoholism Pdf

Author : Jeffery A. Jenkins,Eric M. Patashnik
Publisher : University of Chicago Press
Page : 0 pages
File Size : 53,9 Mb
Release : 2012-04-23
Category : Political Science
ISBN : 0226396452

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Living Legislation by Jeffery A. Jenkins,Eric M. Patashnik Pdf

Politics is at its most dramatic during debates over important pieces of legislation. It is thus no stretch to refer to legislation as a living, breathing force in American politics. And while debates over legislative measures begin before an item is enacted, they also endure long afterward, when the political legacy of a law becomes clear. Living Legislation provides fresh insights into contemporary American politics and public policy. Of particular interest to the contributors to this volume is the question of why some laws stand the test of time while others are eliminated, replaced, or significantly amended. Among the topics the essays discuss are how laws emerge from—and effect change within—coalition structures, the effectiveness of laws at mediating partisan conflicts, and the ways in which laws interact with broader shifts in the political environment. As an essential addition to the study of politics, Living Legislation enhances understanding of democracy, governance, and power.

Author : Floyd Abrams
Publisher : Yale University Press
Page : 170 pages
File Size : 42,6 Mb
Release : 2017-01-01
Category : Law
ISBN : 9780300190885

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The Soul of the First Amendment by Floyd Abrams Pdf

A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

Author : Gerard N. Magliocca
Publisher : NYU Press
Page : 304 pages
File Size : 52,8 Mb
Release : 2013-09-06
Category : History
ISBN : 9780814761458

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American Founding Son by Gerard N. Magliocca Pdf

John Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth’s co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role in shaping the Union’s policy towards the occupied ex-Confederate States, with consequences that still haunt our politics. American Founding Son provides the most complete portrait yet of this remarkable statesman. Drawing on his personal letters and speeches, the book traces Bingham’s life from his humble roots in Pennsylvania through his career as a leader of the Republican Party. Gerard N. Magliocca argues that Bingham and his congressional colleagues transformed the Constitution that the Founding Fathers created, and did so with the same ingenuity that their forbears used to create a more perfect union in the 1780s. In this book, Magliocca restores Bingham to his rightful place as one of our great leaders. Gerard N. Magliocca is the Samuel R. Rosen Professor at Indiana University Robert H. McKinney School of Law. He is the author of three books on constitutional law, and his work on Andrew Jackson was the subject of an hour-long program on C-Span’s Book TV.