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The Eighteenth Amendment and National

Prohibition, Part 3: Temperance Movements



June  26, 2023

This Legal Sidebar post is the third in a seven-part series that discusses the Eighteenth Amendment to the
Constitution. Prior to its repeal, the Eighteenth Amendment prohibited the manufacture, sale, or
transportation of intoxicating liquors for beverage purposes within the United States. Section 2 of the
Amendment  granted Congress and the state legislatures concurrent power to enforce nationwide
Prohibition by enacting appropriate legislation. The Eighteenth Amendment was partly a response to the
Supreme Court's pre-Prohibition Era Commerce Clause jurisprudence, which limited the federal and state
governments' power over the liquor traffic. As such, the Eighteenth Amendment's history provides insight
into the judicial evolution of the Commerce Clause, which operates as both a positive grant of legislative
power to Congress and a limit on state authority to regulate commerce. Additional information on this
topic will be published in the Constitution Annotated: Analysis and Interpretation of the U.S.
Constitution.

The   Temperance Movements of the 19th and 20th Centuries

From the 1790s to the early 1830s, Americans drank increasingly large amounts of whiskey and other
distilled alcoholic beverages. Heavy consumption of hard liquor offended many social reformers,
including Protestant churchgoers, who viewed drunkenness as a source of crime, family strife, illness,
immorality, poverty, and workplace injuries. Concerned about alcoholism's effects on society, small
groups of farmers and Protestant Christians formed some of the first temperance societies in the early
19th century. These societies urged Americans to abstain from drinking distilled alcoholic beverages but
did not initially call for teetotalism-that is, total abstinence from all alcoholic beverages.
Temperance societies adopted a stricter approach toward alcohol consumption in the 1830s, urging
Americans to abstain entirely from drinking. For instance, the American Temperance Society, which
Christian clergy founded in 1826, initially called for Americans to refrain from drinking ardent spirits.
However, by the late 1830s, the society advocated for total abstinence from all alcoholic beverages. The
society communicated this abstinence message through its writings and lectures, gaining more than a
million members nationwide. Partly as a result of the temperance movement, Americans' drinking
declined during the mid-1830s.


                                                                Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                    LSB10987

CRS Legal Sidebar
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