DOCSLIB.ORG

Property, Privacy, Police Power, and Prohibition Enforcement : The

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Property, Privacy, Police Power, and Prohibition Enforcement : The PROPERTY, PRIVACY, POLICE POWER, AND PROHIBITION ENFORCEMENT: THE JUDICIAL RESPONSE TO THE INTOXICATING LIQUOR LAWS IN FLORIDA, 1885-1935 By JOHN J. GUTHRIE, JR. A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF FLORIDA 1993 Copyright 1993 by John J. Guthrie, Jr. To my father ACKNOWLEDGMENTS The debt that I owe to the people in my personal and professional life who have helped me complete this dissertation is far greater than I can credit with words. These individuals have enabled me to do a task that, at times, seemed beyond my reach. To them I feel deeply obliged. First, I want to extend my utmost appreciation to Kermit L. Hall, who once said, "A mentor has to be demanding but open, critical yet encouraging, and sensitive yet honest." He has met these standards and more. He labored through rough drafts of this dissertation, chapter by chapter, and made generous comments and perceptive criticisms. By that, Dr. Hall allowed me to see the real merit in my work. No student could ask for more in a mentor. I also must thank the other members of my supervisory committee who have contributed to my academic growth. William J. Frazer has encouraged and supported my work on this project since its inception. C. John Sommerville deserves recognition for guiding me through some important works in English history that have deepened my understanding of Anglo-American constitutionalism. Bertram Wyatt-Brown, through his scholarship and through his sound advice, has influenced me in more ways than he probably realizes. I owe George E. Pozzetta iv for broadening my "conceptualizations" shortly after I embarked on my doctoral program at the University of Florida. He also provided me a valuable learning experience as his research assistant during the summer of 1988. Thanks, too, to Julian M. Pleasants, who exemplifies the teacher-scholar. By complementing insightful analysis with good humor, he is both brilliant and captivating. I want to acknowledge the efforts of several librarians and archivists who eased my research. Fred Harden at the Daytona Beach Community College Library obtained material through inter-library loans, saving me time, effort, and travel expense. Nancy Dobson, of the Florida Supreme Court Historical Society, provided valuable information pertaining to the state's high court. Mary Ann Hawkins of the Atlanta Branch of the National Archives, deserves special praise for tolerating my naivete about accessing archival records. I want to thank Frank P. Jozsa, Jr., Pfeiffer College; Theresa Delos Santos, Daytona Beach Community College; Paul Finkelman, Brooklyn Law School; Sally A. Flocks, Georgia Legal History Foundation; and Mark L. Edwards, Department of Treasury. Each read a chapter and made suggestions that significantly improved the text. Ron Edwards, Kathryn Schoettler, and Allison Saville, however, each went the proverbial "extra mile" and proof-read the entire manuscript. Their sharp editorial eyes caught many errors that escaped v mine. Thanks to them, the final product shines when compared to earlier drafts. Several administrators of Daytona Beach Community College warrant special mention. Deans Kathleen Noble, Verl Beebe, and my immediate supervisors, Kim Belden and Glen Murphy, have not only encouraged their faculty to develop professionally but also have helped make their college a wonderful place for its faculty to teach. I applaud my graduate school friends, Jack Henderson, David Tegeder, Tim Huebner, and the Thompsons, Toni and Joe, who shared with me the rigors and rewards of seminars, qualifying exams, and doctoral dissertations. I appreciate deeply both the camaraderie that they provided as well as the occasional bed for me to sleep in. Finally, because I married in 1990, my family has become so extensive that space does not allow individual acknowledgment. Therefore, I thank you all for tolerating my neglect for so long. No one, however, has shown more patience toward me than my wife Kak. I hope someday that she will take the time and read what took me so long to write. vi TABLE OF CONTENTS page ACKNOWLEDGMENTS iv ABSTRACT ix INTRODUCTION 1 CHAPTERS 1 THE FLORIDA SUPREME COURT AND THE INTOXICATING LIQUOR LAWS: FROM LOCAL OPTION TO NATIONAL PROHIBITION, 1885-1920 36 Toward a Dry Commonwealth, 1883-1907 37 Florida Drys Attack the State's Drinking Institutions, 1907-1915 49 Property Rights and Judicial Discord 61 A Southern View of National Prohibition 84 2 A CONCURRENCE OF POWER AND PROTECTION AGAINST DOUBLE JEOPARDY 86 Federal District Courts, Interstate Commerce Law, and Intoxicating Liquors, 1905-1913 92 The Florida Supreme Court, Interstate Commerce Law, and Intoxicating Liquors, 1908-1915 103 The Judicial Consensus on Concurrent Power, 1917-1921 108 Judicial Discord: Concurrent Enforcement and the Problem of Double Jeopardy, 1921-1922 128 The Persistence of Tradition 135 3 PROHIBITION ENFORCEMENT AND FOURTH AMENDMENT PRIVACY RIGHTS: WHEN A HOUSE IS A CASTLE 140 The Florida Supreme Court Responds to Search and Seizure 144 The District Courts Respond 151 The U.S. Court of Appeals for the Fifth Circuit Responds 156 When a House Is a Castle 169 Vll 4 PRIVACY RIGHTS BEYOND AND IN THE HOME, 1923-1930 174 The Right to Privacy on a Ship 174 The Right to Privacy in an Automobile 177 The Right to Privacy in a Business Enterprise ... 181 When a House Is Not a Castle: Homicides and the Right to Privacy, 1928-1930 191 "Every Man's House Is His Castle" Reaffirmed. .. .207 New Law Confronts Old Jurisprudence 209 5 STAVING OFF LEGISLATIVE ASSAULTS ON PROPERTY RIGHTS: THE JUDICIAL CHECK ON FORFEITURE LAW.... 214 The Florida Supreme Court and Property Forfeiture 220 The Federal District Courts and Forfeiture 238 A House of Mirrors 265 6 THE REPEAL MOVEMENT IN FLORIDA: FROM NATIONAL PROHIBITION TO LOCAL OPTION, 1928-1933 268 Judicial Backlog Stemming from Prohibition Enforcement 269 The Presidential Election of 1928 271 Wet Gains 273 Report of the Wickersham Commission 277 The Great Depression Impacts an Unpopular Law... 282 Voluntary Committee of Lawyers Advocate Repeal.. 285 The Prohibition Bureau's Selective Enforcement .. 288 Turning Back Prohibition in Florida 295 Persistent Federal Enforcement 305 Changing of the Guard 309 7 THE AFTERMATH OF PROHIBITION 312 Reassessing the Police Power 313 A Tenuous Legacy 323 CONCLUSION 329 BIBLIOGRAPHY 342 BIOGRAPHICAL SKETCH 378 viii Abstract of Dissertation Presented to the Graduate School of the University of Florida in Partial Fulfillment of the Requirement for the Degree of Doctor of Philosophy PROPERTY, PRIVACY, POLICE POWER, AND PROHIBITION ENFORCEMENT: THE JUDICIAL RESPONSE TO THE INTOXICATING LIQUOR LAWS IN FLORIDA, 1885-1935 By JOHN J. GUTHRIE, JR. MAY, 1993 Chairman: Kermit L. Hall Major Department: History This dissertation deals with the judicial response to state and federal intoxicating liquor laws in Florida from 1885-1935. It employs liberalism, republicanism, and the common law as analytical categories to illuminate an underlying theme of conflict that has characterized the American constitutional experience. The crux of this discord has turned on the inevitable tension that exists between individual rights and governmental authority. Moreover, the implementation of Florida's liquor laws coupled with National Prohibition raised the existing tension to a higher level. That is, these laws restricted individual property rights in alcoholic beverages while expanding the police power of the state. Enforcing the liquor laws thus set in motion a host of IX constitutional problems. Small wonder, then, that the burden of reconciling these matters fell to the courts. Court records underscore the significant role that judges played in mediating the strife between liberty and power. Torn between republican notions that the commonweal stood paramount to individual interest, and liberal ideals that life liberty and property remain beyond the grasp of governmental authority, judges relied on common law jurisprudence to strike a balance. By that, the judicial rulings in Florida liquor cases neither reflected vacillating public opinion nor issued from "some external stimuli." Instead, these judges acted independently. In doing so, they grounded their opinions on the cornerstones of traditional American justice: precedent and citation of authority. x INTRODUCTION Scholars have dedicated much attention to the effort to restrict or eliminate the consumption of intoxicating liquors in the United States. Since the 1920s, historians and other social commentators have attempted to uncover the essence of the prohibition movement and its impact upon American culture. Their work has enhanced a better understanding of many alcohol-related issues. These include the social function of the saloon, the organization of the temperance movement, the motivation of the reformers, as well as the ratification and repeal of the Eighteenth Amendment. Students of prohibition, however, have failed to reach a consensus; instead they have divided into two broad historiographical coalitions. 1 Important works on prohibition include Larry Engel- mann, Intemperance: The Lost War Against Liquor (New York: Macmillan Free Press, 1979); Andrew Sinclair, Prohibition: The Era of Excess (Boston: Harper and Row, 1962); Joseph R. Gusfield, Symbolic Crusade: Status Politics and the American Temperance Movement (Urbana: University of Illinois Press, 1963); Ruth Bordin, Women and Temperance: The Quest
Load more

Recommended publications
  • Prohibition, American Cultural Expansion, and the New Hegemony in the 1920S: an Interpretation
    Prohibition, American Cultural Expansion, and the New Hegemony in the 1920s: An Interpretation IAN TYRRELL* In the [920s American prohibitionists, through the World League against Alcohol­ ism, sought to extend their war on liquor beyond the boundaries of the United States. Prohibitionistsfailed in their efforts due to anti-American sentiment, complex class and cultural opposition to prohibition, and negative reporting of the experi­ ment with prohibition in the U.S. Nevertheless, restrictive anti-alcohol laws were introduced in a number ofcountries. Moreover, the efforts ofAmerican prohibition­ ists furthered the larger process of American cultural expansion by emphasizing achievements of the U.S. in economic modernization and technical advancement. This episode in American cultural expansion occurred with the support of anti­ alcohol groups in foreign countries that embraced the message equating American reform with modernity. Prohibitionists abroad colluded in the process, thereby accepting a form ofAmerican cultural hegemony. En 1920, par l'intermédiaire de la World League against Alcoholism, les prohibi­ tionnistes américains se sont efforcés de pousser leur lutte contre l'alcool au-delà des frontières des États-Unis. Cependant, le sentiment anti-américain, l'opposition complexe des classes et de la culture à l'endroit de la prohibition ainsi que la mauvaise presse dont l'expérience américaine a fait l'objet ont fait échouer leurs efforts. Néanmoins, plusieurs pays ont adopté des lois restrictives contre l'alcool. Qui plus est, les efforts des prohibitionnistes américains ont favorisé l'expansion de la culture américaine en mettant en valeur les réussites des É.-u. au chapitre de la modernisation économique et de l'avancement de la technologie.
    [Show full text]
  • The Pennsylvania State University Schreyer Honors College
    THE PENNSYLVANIA STATE UNIVERSITY SCHREYER HONORS COLLEGE DEPARTMENT OF ECONOMICS 18 OR 21: THE ECONOMIC IMPLICATIONS OF THE MINIMUM LEGAL DRINKING AGE IN THE UNITED STATES ALY G. CROWLEY FALL 2011 A thesis submitted in partial fulfillment of the requirements for baccalaureate degrees in Finance and Economics with honors in Economics Reviewed and approved* by the following: Russell Chuderewicz Professor of Economics Thesis Supervisor Bee Yan Roberts Professor of Economics Honors Adviser *Signatures are on file in the Schreyer Honors College. Abstract This paper will provide an economic analysis of the implications of lowering the minimum legal drinking age from 21 to 18. The minimum legal drinking age (MLDA) has long been a point of contention in American society as both economists and politicians alike vet their ideas for the optimal MLDA. Given the fact that the United States is only one of a few developed nations to enforce a 21 year old MLDA, people who oppose the current system argue that 18 year old MLDA models established in other developed nations, such as those in the European Union (EU) have resulted in better social outcomes, such as lower levels of excessive or “binge” drinking. Another point of debate surrounds externalities, or the negative costs that one imposes on others through their actions, which include the risk of being exposed to drunk drivers. Furthermore, since the minimum enlistment age for the U.S. military as well as the legal voting age is 18, those in favor of a lower MLDA argue that our laws should consistently reflect the idea that 18 years old represents the age of adult maturity in the United States.
    [Show full text]
  • The Birth of American Alcohol Control: Prohibition, the Power Elite, and the Problem of Lawlessness
    Harry G. Levine "The Birth of American Alcohol Control: Prohibition, the Power Elite and the Problem of Lawlessness" Contemporary Drug Problems, Spring, 1985: pp. 63-115. The Birth Of American Alcohol Control: Prohibition, the Power Elite, and the Problem of Lawlessness Harry G. Levine Department of Sociology Queens College and The Graduate Center City University of New York Preface The first two decades of the twentieth century in the United States are commonly referred to as the Progressive era. The name derives, in part, from a political perspective shared by much of the new professional middle class, the old entrepreneurial and small-business middle class, and the new, growing corporate elite. Progressivism declared that local, state, and federal governments should regulate, control, and administer economic and social activity so as to make new, industrial, twentieth-century America a more economically prosperous, healthy, and orderly nation. Progressivism signaled the end of laissez-faire as the dominant political vision of American government. In the early twentieth century, reformers concerned with what the nineteenth century had called the “liquor problem” developed two political and policy programs in accordance with progressivist principles. The first and triumphant approach was prohibitionism. The nineteenth- century temperance movement, which Progressive-era prohibitionism replaced, had been a broad and assimilationist movement to get people to give up alcohol and stay off it. The Progressive era prohibitionists created a single-issue campaign to pass laws restricting or eliminating the production and sale of alcoholic beverages. Prohibitionists argued that the new needs and conditions of twentieth-century industrial society – efficiency, rationality, order, and progress – required totally banning alcoholic drink.
    [Show full text]
  • the Sur File on Drugs and Human Rights
    Sur Journal • v.12 • N. 21 • Aug. 2015 • sur.conectas.org - THE SUR FILE ON DRUGS AND HUMAN RIGHTS - NGOs and drug policy Rafael Custódio Empty slogans, real problems Carl L. Hart Drugs policies and public health Luís Fernando Tófoli Brazil: Critical reflections on a repressive drug policy Luciana Boiteux The Elephant in the Room: Drugs and Human Rights in Latin America Juan Carlos Garzón, Luciana Pol Asia: Advocating for humane and effective drug policies Gloria Lai West Africa: a new frontier for drug policy? Adeolu Ogunrombi Uruguay’s advances in drug policy Milton Romani Gerner The UN in 2016: A watershed moment Anand Grover - ESSAYS - State regulatory powers and global legal pluralism Víctor Abramovich Lies engraved on marble and truths lost forever Glenda Mezarobba Is humanitarian action independent from political interests? Jonathan Whittall - IMAGES - Global protests - Through the photographers’ lens Leandro Viana - EXPERIENCES - Occupying Hong Kong Kin-man Chan - INSTITUTIONAL OUTLOOK - Family philanthropy in Brazil Inês Mindlin Lafer - CONVERSATIONS - “Every voice matters” Kasha Jacqueline Nabagesera “They have to give us back our comrades alive” Gerardo Torres Pérez, María Luisa Aguilar - VOICES - Mass e-mail surveillance: the next battle Anthony D. Romero NGOS AND DRUG POLICY Rafael Custódio • A look at what human rights NGOs can do to combat prohibitionism. • ABSTRACT Prohibitionism, as a drug policy, is responsible for a range of human rights violations around the world. This article presents some of these violations and suggests what human rights NGOs can do to combat them. The author concludes that the most effective course of action is to seek to expand individual rights and limit the powers of state control.
    [Show full text]
  • PROHIBITION TIMELINE 13 Years, 10 Months, 19 Days, 17 Hours and 32.5 Minutes = Duration of Prohibition 1830 1840 1850 1860 1870 1880 1890 1900 1910 1920 1930
    Prohibition in the United States made illegal the PROHIBITION YESTERDAY TODAY manufacture, sale, transportation, and importation and exportation of alcohol (though there were exceptions for religious or medicinal uses). UNITED STATES The of Prohibition UT: Eighty years ago, on December 5, it WI: A federal study found IN: The Prohibition Party IN: Indiana remains MI: Within hours after Prohibition went was Utah that became the required 36th that only 20 of Wisconsin’s 71 hunkered down in Indiana, the only state in the into effect, smuggling alcohol across the state to ratify the 21st Amendment to re- counties could actually have locating its national head- country to prohibit Canadian border began – with major peal National Prohibition (1920-1933). been considered “dry” during quarters in Winona Lake for sales of wine, beer and activity across the Detroit River between Prohibition. four decades after Repeal. spirits on Sundays. Windsor and Detroit. NV: In one year alone during Prohibition, Nevada’s approximately 90,000 residents OH: Westerville, a suburb of Columbus, obtained about 10,000 prescriptions for was home to the Anti-Saloon League and “medicinal alcohol.” became known as the “Dry Capital of Since the World.” 2002, 16 states CA: The federal director of Prohibition have repealed Blue enforcement for northern California was Laws banning PA: The Literary Digest once described indicted for embezzling alcohol for his Sunday spirits sales Pittsburgh as “wet enough for rubber own consumption. for a total of boots” and western PA became known 38 states. as “the wettest spot in the U.S.” TX: Since 2004, Texans have marched to 80 years the polls to rally for alcohol modernization.
    [Show full text]
  • Canadians, Americans, and the Prohibition -Era Northwest
    W&M ScholarWorks Dissertations, Theses, and Masters Projects Theses, Dissertations, & Master Projects 2000 Bootlegging and the borderlands: Canadians, Americans, and the Prohibition -era Northwest Stephen T. Moore College of William & Mary - Arts & Sciences Follow this and additional works at: https://scholarworks.wm.edu/etd Part of the Canadian History Commons, International Law Commons, and the United States History Commons Recommended Citation Moore, Stephen T., "Bootlegging and the borderlands: Canadians, Americans, and the Prohibition -era Northwest" (2000). Dissertations, Theses, and Masters Projects. Paper 1539623992. https://dx.doi.org/doi:10.21220/s2-321n-x156 This Dissertation is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Dissertations, Theses, and Masters Projects by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps.
    [Show full text]
  • A Return to Temperance: Regulation, Cultural Change, and Private Temperance in The
    A Return to Temperance: Regulation, Cultural Change, and Private Temperance in the Modern Age Introduction: The “temperance movement,” a social crusade spanning the 19th and early 20th centuries, was comprised of a group of loosely affiliated social organizations and individuals dedicated to promoting moderation in, or abstinence from, the consumption of alcoholic beverages.1 While the movement appears to have had its roots in the United States, “temperance societies” were organized in many European Countries during the same period, as the movement quickly gained widespread international appeal.2 Although later viewed as a monolithic movement with uniform goals and motivations, the various “temperance societies” in the United States differed significantly in demographics,3 methods,4 services offered,5 and even stated aims.6 Widely successful, these organizations pushed for, and ultimately succeeded in passing various local, state, and federal “prohibition laws,” which severely limited, or made illegal entirely, the “manufacture, sale, or transportation of intoxicating liquors.”7 For better or worse, this widespread “temperance movement” of the 19th century has largely been conflated in public understanding with the 18th Amendment (and the subsequent Volstead act,) passed in the United States in the early 20th century.8 While federal prohibition legislation is certainly an ideological derivative of the earlier temperance movement, and many temperance organizations were pivotal in its passage, they should in some ways be regarded as separate
    [Show full text]
  • Abstract Waterways of Innovation: the Marine Technological Advancements of America’S Prohibition Era
    Abstract Waterways of Innovation: The Marine Technological Advancements of America’s Prohibition Era by Charles S. Bowdoin January, 2016 Director of Thesis (Bradley Rodgers, Ph.D.) Major Department: (Maritime Studies, History) Prohibition opened the door to the United States for individuals or groups to smuggle alcohol by waterways. These people came from all walks of life and were known as rumrunners. The United States Coast Guard was charged with upholding the law and preventing any alcohol from reaching the American shore. This brought the two groups into constant conflict with each other. Each side continually modified their technology in accordance to their needs and associated economic factors in efforts to gain the upper hand. These maritime innovations caused an escalation in innovations between the two opposing forces, resulting in a rapid advancement of maritime technology that would not likely have been attained during normal times of trade. Designers and builders implemented the most successful of these innovations into later vessels. WATERWAYS OF INNOVATION: THE MARINE TECHNOLOGICAL ADVANCEMENTS OF AMERICA’S PROHIBITION ERA A Thesis Presented To the Faculty of the Department of History East Carolina University In Partial Fulfillment of the Requirements for the Degree Master of Arts in Maritime Science by Charles Samuel Bowdoin January, 2016 © Charles Samuel Bowdoin, 2016 WATERWAYS OF INNOVATION: THE MARINE TECHNOLOGICAL ADVANCEMENTS OF AMERICA’S PROHIBITION ERA by Charles Samuel Bowdoin APPROVED BY: DIRECTOR OF THESIS:______________________________________________________________________
    [Show full text]
  • Did Prohibition Really Work? Alcohol Prohibition As a Public Health
    Resources How To Sign in to NCBI PMC Search US National Library of Medicine National Institutes of Health Limits Advanced Journal list Help Journal List Am J Public Health v.96(2); Feb 2006 PMC1470475 Formats: Article | PubReader | ePub (beta) | PDF (1.7M) Am J Public Health. 2006 February; 96(2): 233–243. PMCID: PMC1470475 doi: 10.2105/AJPH.2005.065409 Related citations in PubMed Prohibition possibly prohibited: Iowans voicing Did Prohibition Really Work? Alcohol Prohibition as a Public temperance concerns, 1[S92o9c- 1H9is3t3 A. lcohol Drugs. 2006] Health Innovation What are the policy lessons of National Alcohol Prohibition in the United States, 1920-[1A9d3d3ic?tion. 2010] Jack S. Blocker, Jr, PhD A cross-national perspective on the evolution of Author information ► Article notes ► Copyright and License information ► alcohol prohibition. [Int J Addict. 1985] From prohibition to regulation: lessons from alcohol This article has been cited by other articles in PMC. policy for drug policy. [Milbank Q. 1991] Linking science to policy. The role of international Abstract Go to: collaborative research. [Alcohol Res Health. 2002] The conventional view that National Prohibition failed rests upon an historically See reviews... flimsy base. The successful campaign to enact National Prohibition was the fruit of See all... a century-long temperance campaign, experience of which led prohibitionists to conclude that a nationwide ban on alcohol was the most promising of the many Cited by other articles in PMC strategies tried thus far. A sharp rise in consumption during the early 20th century Worms and Germs, Drink and Dementia: US Health, seemed to confirm the bankruptcy of alternative alcohol-control programs.
    [Show full text]
  • The Intoxicating Liquor Act 1923
    ‘An Unconventional MP’: Nancy Astor, public women and gendered political culture How to Cite: Takayanagi, M 2020 Astor the Fairy Godmother: The Intoxicating Liquor Act 1923. Open Library of Humanities, 6(2): 13, pp. 1–33. DOI: https://doi.org/10.16995/olh.567 Published: 11 September 2020 Peer Review: This article has been peer reviewed through the double-blind process of Open Library of Humanities, which is a journal published by the Open Library of Humanities. Copyright: © 2020 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/. Open Access: Open Library of Humanities is a peer-reviewed open access journal. Digital Preservation: The Open Library of Humanities and all its journals are digitally preserved in the CLOCKSS scholarly archive service. Mari Takayanagi, ‘Astor the Fairy Godmother: The Intoxicating Liquor Act 1923’ (2020) 6(2): 13 Open Library of Humanities. DOI: https://doi.org/10.16995/olh.567 ‘AN UNCONVENTIONAL MP’: NANCY ASTOR, PUBLIC WOMEN AND GENDERED POLITICAL CULTURE Astor the Fairy Godmother: The Intoxicating Liquor Act 1923 Mari Takayanagi Parliamentary Archives, UK [email protected] Before 1923, a teenager could go into a pub at the age of 14 to buy and drink beer; aged 16, he or she could also buy spirits. The Intoxicating Liquor (Sale to Persons Under Eighteen) Act 1923 introduced the principle that people should be aged 18 to drink alcohol in bars, a situation which still exists today.
    [Show full text]
  • National Prohibition and the Volstead Act's Exemption for the Religious Use of Wine Michael Dehaven Newsom
    Brooklyn Law Review Volume 70 | Issue 3 Article 3 2005 Some Kind of Religious Freedom: National Prohibition and the Volstead Act's exemption for the Religious Use of Wine Michael deHaven Newsom Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Michael d. Newsom, Some Kind of Religious Freedom: National Prohibition and the Volstead Act's exemption for the Religious Use of Wine, 70 Brook. L. Rev. (2005). Available at: https://brooklynworks.brooklaw.edu/blr/vol70/iss3/3 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. Some Kind of Religious Freedom: National Prohibition and the Volstead Act's Exemption for the Religious Use of Wine- Michael deHaven Newsomt I. INTRODUCTION Employment Division v. Smith' represents, in the view of many, a low-water mark in American constitutional free exercise jurisprudence,2 at least at the doctrinal level.3 The United States Supreme Court held that Oregon was within its rights to apply an Oregon statutory prohibition against the possession of peyote to members of the Native American Church, effectively subordinating religious freedom to Oregon's war against drugs.4 That many other states and the federal government had found a way to accommodate the religious use of peyote by expressly exempting the sacramental use of peyote from the reach of their anti-drug laws, 5 was of no avail in the * Copyright Michael deHaven Newsom 2005. All Rights Reserved. t Professor, Howard University School of Law, B.A.
    [Show full text]
  • \From Prohibition to Regulation
    From Prohibition to Regulation: Lessons from Alcohol Policy for Drug Policy HARRY G. LEVINE and CRAIG REINARM AN Queens College, City University of New York; University of California, Santa Cruz ore than five years after it was launched, America’s latest war on drugs has given rise to a chorus of Mquestions about its efficacy and its problematic side effects. Policy makers, journalists, and the general public have increasingly looked to alternatives to drug prohibition such as decriminalization and public health approaches. People have also been drawn to the history of America’s experiences with alcohol prohibition and regulation. In this article we review some major questions about the rise, fall, and effects of alcohol prohibition, and we examine the logic, rationale, and organization of alcohol regulation following its prohibition. We fo­ cus on lessons from alcohol prohibition that might be useful for under­ standing drug prohibition, and on various principles governing alcohol regulation that might apply to drug regulation. In the final section we try to assess the prospects for radical drug law reform by comparing cur­ rent conditions with those prevailing at the time alcohol prohibition was repealed. Historical analogies cannot, of course, provide simple and straight­ forward answers to the complex drug policy questions now confronting Americans. Closer attention to the story of alcohol prohibition and reg- The Milbank Quarterly, Vol. 69, No. 3, 1991 © 1992 Milbank Memorial Fund 461 462. H.G. Levine and C. Reinarman ulation, however, can help us to understand better the inherent prob­ lems and process of drug prohibition while illuminating a wider array of policy options.
    [Show full text]