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              Congressional                                              ______
           SA  Research Service






The Eighteenth Amendment and National

Prohibition, Part 2: The Colonial Era



June  26,  2023

This Legal Sidebar post is the second 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.

Alcoholic Beverages in Colonial America

Early colonial Americans drank, imported, and manufactured large quantities of alcoholic beverages.
Shortly after arriving in the New World, the settlers of Great Britain's American colonies brewed beer
and cider, believing these beverages to be safer to drink than water. By the mid-18th century, commercial
distilleries in New England were producing large quantities of rum. At taverns and other establishments
that served alcoholic drinks, Americans gathered to socialize, debate politics, and organize protests
against British rule. After the Revolutionary War, for patriotic and practical reasons, many 18th-century
Americans preferred to drink whiskey distilled from corn and grain, particularly on the Frontier.
Like other early Americans, several Founders drank, bought, sold, or produced alcoholic beverages. For
example, Thomas Jefferson, an avid wine connoisseur, once wrote that the light and high flavored
wines were a necessary of life for him. At Jefferson's Monticello plantation, Peter Hemings, an
enslaved person who worked as a cook and tailor, brewed an ale for family and guests. During the
Revolutionary War, George Washington, who served as commander-in-chief of the Continental Army,
wrote that there should always be a sufficient quantity of spirits, with the army to furnish moderate
supplies to the troops. After fulfilling his duties as the nation's first President and retiring to his Mount


                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
                                                                                     LSB10986

CRS Legal Sidebar
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