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Maybe better question - what was the outlook of the sociopolitical landscape that the temperance movement felt it necessary to take the approach of Constitutional Amendment rather than legislation?
Lot of futuristic and revolutionary ideas flailing about at the time...
Maybe better question - what was the outlook of the sociopolitical landscape that the temperance movement felt it necessary to take the approach of Constitutional Amendment rather than legislation?
Lot of futuristic and revolutionary ideas flailing about at the time...
I think it was the time period and place that each originated in. The temperance movement was embraced mostly by Southern Democrats who were proponents of strict construction. Cannabis was banned during the FDR administration, under a different constitutional doctrine (the one which hypocritical social-conservatives supposedly hate, but openly support when it forbids something that they dislike).
The temperance movement was embraced mostly by Southern Democrats who were proponents of strict construction.
The temperance movement was embraced mostly by Southern Democrats who were proponents of strict construction.
The State of Maine passed the first prohibition law in 1851. The Anti-Saloon League was founded in Ohio in 1893. The Temperance Movement has its roots in the North East. An equal number of House Dems and Reps voted against the 18th amendment, but it passed overwhelmingly. I don't think you can pin prohibition on the South.
You can definitely pin it on the woman vote.
The temperance movement was embraced mostly by Southern Democrats who were proponents of strict construction.
The State of Maine passed the first prohibition law in 1851. The Anti-Saloon League was founded in Ohio in 1893. The Temperance Movement has its roots in the North East. An equal number of House Dems and Reps voted against the 18th amendment, but it passed overwhelmingly. I don't think you can pin prohibition on the South.
You can definitely pin it on the woman vote.
The temperance movement was embraced mostly by Southern Democrats who were proponents of strict construction.
The State of Maine passed the first prohibition law in 1851. The Anti-Saloon League was founded in Ohio in 1893. The Temperance Movement has its roots in the North East. An equal number of House Dems and Reps voted against the 18th amendment, but it passed overwhelmingly. I don't think you can pin prohibition on the South.
You can definitely pin it on the woman vote.
Sometimes I forget that the Klan was all over.
Sometimes I forget that the Klan was all over.
But other substances are still banned by the feds, for which no amendment needed to be passed?
But other substances are still banned by the feds, for which no amendment needed to be passed?
"The Eighteenth Amendment (Amendment XVIII) of the United States Constitution effectively established the prohibition of alcoholic beverages in the United States by declaring illegal the production, transport and sale of alcohol (though not the consumption or private possession).
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 (e.g., for medical and religious purposes)."
Eighteenth Amendment to the United States Constitution - Wikipedia the free encyclopedia
Good chronological history of drug bans in the US circa 1830s onwards here,
History of drug laws
Various substance bans including alcohol restricted, taxed, or forbade the various movements and production of the substances moreso than the substances themselves were made illegal. Nowadays, the actual chemical definitions are also illegal as with specific chemical formulaes and 'designer drugs' being illegal.
As to why alcohol was done via Amendment and not other substances, I don't know. Googling the question is difficult.
Worth mentioning though the reasons for the repeal of the 18th Amendment banning alcohol (via 21st) mentioned the widespread 'willful' breaking of the law, need to tax alcohol for revenue, and rise in crime resulting from the ban is exactly what's happening with bans on various illicit substances. Why we saw the light once with alcohol, but don't for illicit substances is an equally worthy question.
Pot prohibition started in the 1920's....Maybe better question - what was the outlook of the sociopolitical landscape that the temperance movement felt it necessary to take the approach of Constitutional Amendment rather than legislation?
Lot of futuristic and revolutionary ideas flailing about at the time...
I think it was the time period and place that each originated in. The temperance movement was embraced mostly by Southern Democrats who were proponents of strict construction. Cannabis was banned during the FDR administration, under a different constitutional doctrine (the one which hypocritical social-conservatives supposedly hate, but openly support when it forbids something that they dislike).
You could get a prescription for booze from the doctor, seems everyone in the family was sick with the same ailment...But other substances are still banned by the feds, for which no amendment needed to be passed?
"The Eighteenth Amendment (Amendment XVIII) of the United States Constitution effectively established the prohibition of alcoholic beverages in the United States by declaring illegal the production, transport and sale of alcohol (though not the consumption or private possession).
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 (e.g., for medical and religious purposes)."
Eighteenth Amendment to the United States Constitution - Wikipedia the free encyclopedia
Good chronological history of drug bans in the US circa 1830s onwards here,
History of drug laws
Various substance bans including alcohol restricted, taxed, or forbade the various movements and production of the substances moreso than the substances themselves were made illegal. Nowadays, the actual chemical definitions are also illegal as with specific chemical formulaes and 'designer drugs' being illegal.
As to why alcohol was done via Amendment and not other substances, I don't know. Googling the question is difficult.
Worth mentioning though the reasons for the repeal of the 18th Amendment banning alcohol (via 21st) mentioned the widespread 'willful' breaking of the law, need to tax alcohol for revenue, and rise in crime resulting from the ban is exactly what's happening with bans on various illicit substances. Why we saw the light once with alcohol, but don't for illicit substances is an equally worthy question.
Pot prohibition started in the 1920's....Maybe better question - what was the outlook of the sociopolitical landscape that the temperance movement felt it necessary to take the approach of Constitutional Amendment rather than legislation?
Lot of futuristic and revolutionary ideas flailing about at the time...
I think it was the time period and place that each originated in. The temperance movement was embraced mostly by Southern Democrats who were proponents of strict construction. Cannabis was banned during the FDR administration, under a different constitutional doctrine (the one which hypocritical social-conservatives supposedly hate, but openly support when it forbids something that they dislike).
Yes. There is no constitutional authority for the ban under the intent of the commerce clause or previous precedent.Because it was a time when the courts adhered to intent and limitations of the commerce clause. Before FDR and Wickard v Filburn.
So the cannabis ban is the result of judicial activism?
Congress could probably have made it illegal without resorting to an amendment, but an amendment was a way to make it more permenant.