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Blaine Act

October 18, 2023

The Blaine Act, formally titled Joint Resolution Proposing the Twenty-First Amendment to the United States Constitution, is a joint resolution adopted by the United States Congress on February 20, 1933, initiating repeal of the 18th Amendment to the United States Constitution, which established Prohibition in the United States. Repeal was finalized when the 21st Amendment to the Constitution was ratified by the required minimum number of states on December 5, 1933.

Joint Resolution Proposing the Twenty-First Amendment to the United States Constitution
NicknamesBlaine Act
Enacted bythe 72nd United States Congress
EffectiveFebruary 20, 1933
Codification
Acts repealedEighteenth Amendment to the United States Constitution
Legislative history
  • Introduced in the Senate as S.J.Res. 211 by John J. Blaine (R-WI) on December 6, 1932
  • Committee consideration by Judiciary
  • Passed the Senate on February 17, 1933 (63-23)
  • Passed the House on February 20, 1933 (289-121)

Initial activity in the 72nd Congress Edit

The Volstead Act implemented the 18th Amendment (Prohibition). The act defined "intoxicating beverage" as one with 0.5 percent alcohol by weight. Numerous problems with enforcement[1] and a desire to create jobs and raise tax revenue by legalizing beer, wine, and liquor[2] led a majority of voters and members of Congress to turn against Prohibition by late 1932.[1]

Political situation Edit

 
Senator Hiram Bingham

When the first legislative session of the 72nd United States Congress opened on December 7, 1931, more than two dozen bills were offered amending the Volstead Act or repealing the 18th Amendment altogether.[3] Republicans, who controlled both houses in the previous Congress, had previously been united in their support for Prohibition and, with the support of "dry" (pro-Prohibition) Democrats, easily garnered more than the two-thirds majority needed to block any vote on even the slightest easing of the Volstead Act.[4] Now, however, 64 "wet" Republicans formed a caucus in the House of Representatives to work with Democrats (who had a slim majority after winning a number of special elections) to seek modification or repeal.[5] The Democrats also changed the rules of the House, adopting a discharge petition procedure which would force a bill to the floor for a vote if 145 members requested it.[4]

Legislative activity initially focused on the Senate. Among the bills filed at the start of the session was one by Senator Hiram Bingham III (R-Conn.), which amended the Volstead Act to permit the manufacture of beer which was 4 percent alcohol by weight. His bill would not have modified the 18th Amendment.[6] Republican "wets" were able to win a minor victory on December 23, 1931, when they secured an agreement establishing a subcommittee of the Senate Judiciary Committee which would hold hearings regarding modification of the Volstead Act and repeal of the 18th Amendment.[7] Senator John J. Blaine (R-Wisc.), a leader of the Senate's Republican "wets",[4] was named subcommittee chair.[8] Although the five-member subcommittee had a three-member "dry" majority,[8] "wets" only wanted to use the subcommittee to lay the groundwork for a vote (at some indeterminate future) on a Prohibition bill (of some undetermined type).[7] "Wets" won another victory a few days later when the Senate Committee on Manufactures agreed to hold hearings on Bingham's 4 percent beer bill.[6]

These small victories emboldened "wet" forces. On December 26, Senator Bingham submitted legislation to repeal the 18th Amendment. Three-fourths of the state legislatures were required to approve any amendment, and Bingham believed that too many legislatures still supported Prohibition. Bingham's bill therefore proposed submitting the amendment to the public via a national referendum or ratification by conventions specially elected by voters in each state.[8] In the House, where "wet" forces were in somewhat disarray, Majority Leader Henry T. Rainey (D-Ill.) (a "dry" himself)[9] tried to block legislation by telling "wets" that they would have a single opportunity for a vote. It didn't matter if the bill was modification or repeal, he said.[10] In response, a bipartisan caucus of "wets" decided to submit a plan to modify the 18th Amendment according to the recommendations issued in 1931 by the National Commission on Law Observance and Enforcement (the Wickersham Commission), a panel established by President Herbert Hoover to study law enforcement problems under Prohibition.[11]

In the first direct vote on the issue since Prohibition began, the Senate rejected the Bingham repeal resolution, 55 to 15, on January 21, 1932. "Drys" hailed the vote as symbolic of the weakness of the repeal forces.[12]

Wavering support for changing Prohibition Edit

 
Senator John J. Blaine. A "wet" Republican, he was elected chair of a Judiciary Committee subcomittee, which he used to promote the modification or repeal of Prohibition and its enabling legislation.

"Wets" in Congress perceived that support for Prohibition was waning. A week after the defeat of the Bingham repeal proposal, House "wets" began drafting legislation to amend the Volstead Act to permit the manufacture of beer once more. Their goal was to force a vote before the session of Congress ended in July 1932.[13] With only 34 "wet" votes in the Senate and 190 in the House,[a] repeal lobbyists believed no action could be taken until after the November 1932 elections.[14]

Congressional "wets" received a major boost on February 20 when a leading Democratic candidate for president, Franklin D. Roosevelt, announced he supported repeal of the 18th Amendment as a means of generating tax revenues for the federal government and states.[15] Roosevelt's support for repeal boosted "wet" support in the House. On February 16, the House Judiciary Committee had voted 14-to-9 against the Beck-Linthicum resolution, which would have asked state legislatures to reaffirm or repeal the 18th Amendment.[16] House "wets" then shocked political leaders in both sides on February 25 by obtaining 110 signatures on a discharge petition for the Beck-Linthicum resolution.[17] The "wets" secured the required 145 signatures for discharge on March 1.[18] The Beck-Linthicum resolution received 187 votes, resulting in the smallest majority "drys" had managed to muster since the start of Prohibition.[19] House "wets", who considered the vote on Beck-Linthicum only a test of their growing strength, were thrilled by the vote.[20]

The House test vote was encouraging to Senate "wets" as well. On March 19, Blaine's Judiciary subcommittee favorably reported a bill by Senator Bingham proposing the legalization of 4 percent beer. Surprisingly, the subcommittee report even called modification of the 18th Amendment useless.[21] Three days later, a bipartisan group of 38 senators surprised the Senate by signing a letter demanding a vote to modify or repeal the 18th Amendment.[22] The letter referred to four resolutions before Blaine's subcommittee.[b] Senator George W. Norris (R-Neb.), chair of the full Judiciary Committee, promised the group that his committee would report at least one of the bills (favorably or not), and give senators a chance to vote on it on the Senate floor.[23]

House "wets" appeared to suffer a setback on March 25 when the House rejected a bill, proposed by Rep. Thomas H. Cullen (D-N.Y.), to amend the Volstead Act to permit the manufacture of 2.75 percent beer and tax it.[24]

"Wets" in the Senate also lost ground. Blaine began holding hearings on repeal of the 18th Amendment in mid April,[25] and on April 19 the Senate Manufactures Committee unfavorably reported a 4 percent beer bill[26] which had the perverse outcome of enabling a floor vote. In this test vote, "wets" were able to secure only 24 votes.[27]

In May 1932, House "wets" shocked the political establishment again by securing enough signatures on a discharge petition to free the O'Connor-Hull bill from the House Ways and Means Committee.[28] The House defeated the bill, which would have permitted 2.75 percent beer and taxed it at a rate of 3 percent of its retail value, 228 to 169. It was a significant drop in anti-Prohibition support.[29]

Election of 1932 and effect on Prohibition repeal Edit

 
The 1932 Democratic National Convention called for complete repeal of the 18th Amendment, giving "wet" forces in Congress a major boost.

The political situation among voters in the various states was strongly in favor of Prohibition repeal, however. Although a majority of delegates to the 1932 Republican National Convention, held in Chicago June 14 to 16, were in favor of repealing the 18th Amendment, President Hoover was not. A compromise was reached in which the convention adopted a party platform plank which advocated amending Prohibition to permit states to follow the law in whole or in part (subject to federal control). The plank also rejected a national referendum in favor of approval/disapproval by state legislatures.[30] The platform plan was widely criticized for not taking a stand on Prohibition. "Dry" organizations, however, backed Hoover strongly, seeing in him their only chance of preserving Prohibition in any form.[31]

At the 1932 Democratic National Convention, held in Chicago from June 27 to July 2, an overwhelming majority supported a repeal of the 18th Amendment. The party's platform contained a plank proposing repeal by conventions specially elected by voters in each state (the Bingham proposal from earlier in the year). The plank also proposed allowing states and their localities to stay "dry" if they so chose.[32] Franklin D. Roosevelt, the party's nominee for President of the United States, campaigned strongly in favor of repeal.[33][34]

"Wets" of both parties in Congress were elated by the Democratic Party platform, and agreed, at a minimum, to seek significant amendment of the Volstead Act before the end of the 72nd Congress in March 1933.[35][36] Senate "wets" were particularly encouraged after Senator Cameron A. Morrison (D-N.C.), a radical "dry", was defeated for reelection in the June 1932 Democratic primary[36] and Senator Carter Glass (D-Va.), another strong "dry", abruptly began advocating repeal.[37] However, when Senator Bingham attempted to move his repeal resolution forward, Senate leaders blocked the move.[38] In the House, "wets" rushed to circulate discharge petitions[39] on four bills which would make beer legal again.[35]

By late fall, it was clear to many leaders in Congress that the "wet" movement already had majority support. Polls of candidates for Congress showed that at least 80 percent of them supported repeal of the 18th Amendment.[40] Rep. John W. Summers (R-Wash.), "dry" chair of the House Judiciary Committee, now believed it was inevitable that the 18th Amendment would be resubmitted to the states.[41] Speaker of the House John Nance Garner believed Congress would approve the sale of beer by the end of the session.[42] Prominent "wets" in the Senate were less hopeful, as their forces were divided between supporting modification of the Volstead Act and outright repeal of the 18th Amendment.[43]

On Election Day, more than 100 "dry" candidates lost their seats in Congress. In the House, a super-majority of new and reelected members supported outright repeal, while in the Senate the repeal super-majority was just three votes short.[44] Two more repeal votes were gained when Senator Thomas J. Walsh (D-Mont.), a leading "dry", agreed to vote for modification or repeal on November 12,[45] followed by Senator Arthur Vandenberg (R-Mich.) on November 18.[46]

Passage of the Blaine Act Edit

 
Speaker John Nance Garner attempted to force the House to repeal the 18th Amendment on the first day of the lame-duck second session. House members balked.

As the lame-duck session of Congress opened in November, House Majority Leader Rainey—bowing to the wishes of his caucus—announced that House leaders would move with all due speed on Prohibition changes. A survey of House members showed a strong majority for amending the Volstead Act to make beer legal again, with fewer in favor of a repeal of the 18th Amendment.[47] Despite President Hoover's pledge to veto the legislation,[48] Speaker Garner said he would clear all legislative calendars to give a "beer bill" priority before Congress was forced to adjourn.[49][c]

On December 6, Senator Blaine introduced Senate Joint Resolution 211, whose text amended and rewrote the 18th Amendment to read that Congress shall not have "the power to authorize the transportation or importation into any State or Territory of the United States for use therein of intoxicating liquors for beverage or other purposes within the State or Territory if the laws in force therein prohibit such transportation or importation". Alcohol imported into a prohibited area was subject to local (not federal) law, and Congress was authorized to enact legislation to aid states in enforcing their own liquor laws.[50][d][e]

Repeal failure in the House Edit

The first attempt at repeal of the 18th Amendment came in the House. Speaker Garner (a "wet")[54] surprised "wet" forces by announcing on November 23 that he himself had drafted a resolution (H.J.Res. 480)[55] calling for repeal of the amendment and was prepared to suspend the rules of the House in order to get it passed.[56] The Garner plan received a setback on December 2 when the House Judiciary Committee voted 13 to 6 to reject the resolution. Observers disputed whether the Garner resolution was flawed, or whether "drys" had decided to oppose it at last.[57]

The House went into session again on December 5, and the Garner resolution went to the floor for a vote.[58] Although Democratic Party whips had counted 275 votes in favor of repeal,[59] the resolution failed to win the necessary two-thirds majority. The final vote was 272 to 144,[60][61] with 79 former "drys" (66 Democrats and 13 Republicans) voting in favor of repeal.[62] Angry and dejected, Garner proclaimed the issue "dead" for the remainder of the lame-duck session and said Congress would have to wait until the new "wet" majority took power in the 73rd Congress on March 4, 1933.[63][f]

Rep. James M. Beck (R-Pa.), co-sponsor of the Beck-Linthicum bill (which had gone down to defeat nine months earlier), believed the House would have adopted Garner's resolution if he had not tried to force the issue on the first day of the lame-duck session.[58]

The "beer bills" Edit

The House leadership resigned itself to action on the "Collier bill", legislation sponsored by Rep. James Collier (D-Miss.) which would legalize 2.75 percent beer and wine[64] and levy a $5 per barrel tax ($107 in 2022 dollars) on beer[65] and a 20 percent retail sales tax on wine.[64] On December 15, the Ways and Means Committee voted 17 to 7 in favor of this bill (which was amended to legalize 3.2 percent beer). The bill was amended to prohibit legal sales of wine, but attempts to include a ban on bars and saloons were beaten back.[66] Although proposed amendments threatened to split "wet" ranks,[67] the House passed the Collier bill on December 21 by a surprising large margin of 230 to 165.[68] An amendment to the bill restricted shipments of beer into states which chose to retain Prohibition.[69]

In the Senate, both "beer bills" and 18th Amendment repeal resolutions were pursued. Senator Tydings proposed legislation authorizing the sale of beer with any percentage of alcohol, and taxing beer at 16 percent of its retail value. Senator Bingham, however, sought passage of a measure identical to the original Collier bill.[64] "Wets" in the Senate also sought to bring a repeal resolution to the floor as swiftly as possible.[70] The Senate voted down, 48 to 23, an attempt on December 23 to bring the Bingham bill to the floor for debate and a vote.[71] Senators pointed out that the bill did not actually amend the Volstead Act, but was stand-alone legislation. They feared that the Bingham-Collier bill would be found unconstitutional unless the Volstead Act itself were amended. Senator Blaine promised an immediate redraft to meet these concerns.[72]

Moving the Blaine bill in the Senate Edit

 
Senator Morris Sheppard of Texas led the eight-hour filibuster against the Blaine Act

On January 5, 1933, the Blaine subcommittee substantially amended S.J.Res. 211 during markup.[73][74] Section one of the proposed constitutional amendment now explicitly repealed the 18th amendment. New language in section two prohibited the sale of intoxicating beverages in any state or territory which prohibited them, while section three gave Congress the concurrent power to regulate or prohibit the consumption of intoxicating beverages in certain establishments.[g] The final section provided for ratification by state legislatures, with a seven-year time limit.[76] The new text was sharply criticized by repeal advocates, who saw the new ratification procedure as a breach of faith[74] and who strongly objected to the concurrent federal power granted in section three.[76]

The full Senate Judiciary Committee favorably reported S.J.Res. 211 on January 9 in an 11 to 5 vote.[77][78]

Blaine moved to have the Senate consider S.J.Res. 211 on February 14.[79][h] "Drys" in the Senate engaged in an eight-hour filibuster,[81] led by Senators Morris Sheppard (D-Tex.) and Smith W. Brookhart (R-Iowa).[82] Finally, frustrated by the filibuster's blockage of all Senate business (including emergency legislation to deal with the Great Depression's banking crisis), a successful cloture vote occurred at 10 P.M. which ended the filibuster.[81]

During debate on the Blaine bill on February 15, the Senate made two substantive changes to the resolution.[75] Senator Joseph T. Robinson (D-Ark.) offered an amendment in the form of a substitution to provide for ratification by state convention rather than state legislatures.[83] The amendment was agreed to by a vote of 45 to 15.[84] Senator Robinson then offered an amendment striking section two,[85] but then modified his own motion to strike instead section three.[86] The amendment was agreed to by a vote of 33 to 32.[87] The Senate resumed debate on February 16. Senator David A. Reed (R-Pa.) asked for reconsideration of the vote to strike section three, and Senator Carter Glass attempted to offer S.J.Res. 202 as an amendment in the nature of a substitute.[88][i] Glass' motion was rejected by a vote of 14 to 70. Senator Tydings attempted to prevent Congress from taxing any intoxicating beverage it chose to prohibit, but his amendment was rejected in a voice vote.[90] Glass attempted again to substitute S.J.Res. 202 (this time as an amendment), and was again rejected 38 to 46. Reed's amendment to restore section three was also rejected, by a vote of 37 to 47.[91] Senator Thomas Gore (D-Okla.) attempted to amend section two to bar the sale of intoxicating beverages for private profit, but his motion was rejected by voice vote.[92]

The Senate then approved the amended resolution by a vote of 63 to 23, five more votes than the required two-thirds majority.[93][94]

Moving the Blaine bill in the House Edit

Adoption of S.J.Res. 211 created new repeal activity in the House. Majority Leader Rainey called an immediate meeting of the Democratic caucus, and Speaker Garner said he intended to seek suspension of the rules in order to bring repeal to a quick vote[94] and to bar any attempt to amend the resolution on the floor.[95]

On February 20, Majority Leader Rainey asked for suspension of the rules and immediate adoption of S.J.Res. 211. Debate was limited to just 20 minutes pro and con. The House adopted Rainey's motion on a vote of 289 to 121. S.J.Res. 211 was passed with 15 more votes than the required two-thirds majority.[96]

Adoption of the 21st Amendment Edit

 
Enrolled text of the 21st Amendment

S.J.Res. 211 was sent to the United States Secretary of State on February 20, 1933.[97]

On March 21, 1933, Congress enacted the Cullen-Harrison Act, which redefined "intoxicating beverage" as one with 3.2 percent alcohol by weight. The Cullen-Harrison Act went into effect on April 7, 1933.[1]

The 21st Amendment was ratified by state ratifying conventions on December 5, 1933.[98][99] A nationwide radio audience listened in as Utah became the 36th state to ratify the amendment.[99]

References Edit

Notes
  1. ^ The U.S. Constitution requires that two-thirds of members present in both the Senate and the House of Representatives vote in favor of an amendment before it can be sent to the states for repeal. At the time, if all members were present and voting, the two-thirds majority required 64 votes in the 96-seat Senate and 282 votes in the 435-seat House.
  2. ^ The four resolutions were: (1) A weakly-worded repeal resolution by Senator Bingham; (2) A weakly-worded repeal resolution by Senator Robert F. Wagner (D-N.Y.); (3) A resolution by Senator Millard Tydings (D-Md.) amending Prohibition to permit the states to adhere to it in whole or in part; and (4) A strongly-worded resolution, introduced by Senator Blaine on March 14, repealing the 18th Amendment.[23]
  3. ^ Garner was also Vice President-elect at this time.[49]
  4. ^ There were three other joint resolutions in the lame-duck Congress to amend (H.J.Res. 485, H.J.Res. 491, and H.J.Res. 534), seven to repeal (S.J.Res. 202, H.J.Res. 480, H.J.Res. 484, H.J.Res. 489, H.J.Res. 490, H.J.Res. 508, and H.J.Res. 516), and one regarding implementation of the 18th Amendment (H.J .Res. 592). Only S.J.Res. 202, S.J.Res. 211, and H.J.Res. 480 were acted upon.[51] During floor consideration of S.J.Res. 211, S.J.Res. 202 was offered as an amendment in the nature of a substitute and rejected.[52]
  5. ^ Senator Sam G. Bratton (D-N.M.) offered an amendment to S.J.Res. 211 to provide for approval by state convention rather than state legislatures, but it was never acted on.[53]
  6. ^ Among those voting against repeal were 70 "dry" Republicans and 11 "dry" Democrats who had failed to win reelection.[58]
  7. ^ This section was colloquially known as the "anti-saloon provision".[75]
  8. ^ Senator Blaine attempted to begin debate on S.J.Res. 211 on the evening of February 13, but agreed to let the Senate recess for the night.[80]
  9. ^ Senator Reed offered a friendly amendment to S.J.Res. 202, to which Glass agreed, clarifying the intent of the resolution.[89]
Citations
  1. ^ a b c LaFrance 2013, p. 144.
  2. ^ Baker 2014, p. 554.
  3. ^ "Congress Will Get Score of Wet Bills". The New York Times. December 7, 1931. p. 2.
  4. ^ a b c "Prohibition Test Is Nearer With New Congress Line-Up". The New York Times. December 20, 1931. p. XX7.
  5. ^ "Republican 'Wets' Form House Bloc". The New York Times. December 17, 1931. p. 3.
  6. ^ a b "Hearings Mapped on Anti-Dry Bills". The New York Times. December 25, 1931. p. 10.
  7. ^ a b "Dry Repeal Hearings Set". The New York Times. December 23, 1931. p. 2.
  8. ^ a b c "5 Senators Named to Take Up Repeal". The New York Times. December 27, 1931. pp. 1, 7.
  9. ^ Bruce 1926, p. 16.
  10. ^ "Limits House Vote to One Dry Law Bill". The New York Times. December 30, 1931. pp. 1, 4.
  11. ^ "Wets Select Plan for Test in House". The New York Times. January 12, 1932. p. 8.
  12. ^ "Senate, 55-15, Bars Referendum Plan". The New York Times. January 22, 1932. pp. 1, 2.
  13. ^ "Wets Push Plans for Vote on Beer". The New York Times. January 28, 1932. p. 44.
  14. ^ "Curran Recounts Gains for Repeal". The New York Times. February 15, 1932. p. 19.
  15. ^ "Roosevelt Demands Repeal of Dry Law As An Economic Aid". The New York Times. February 21, 1932. pp. 1, 3.
  16. ^ "House Committee Rejects Wet Plan". The New York Times. February 17, 1932. p. 2.
  17. ^ "110 Sign Petition for Vote on Liquor". The New York Times. February 26, 1932. pp. 1, 3.
  18. ^ "145 In House Force Dry Law Test Vote". The New York Times. March 2, 1932. pp. 1, 2.
  19. ^ Krock, Arthur (March 15, 1932). "Wet Bloc Polls 187 But Loses In test of Dry Law In House". The New York Times. pp. 1, 12.
  20. ^ "Wets and Drys Find Comfort in Vote". The New York Times. March 15, 1932. p. 12.
  21. ^ "Favor the Bingham Bill". The New York Times. March 20, 1932. pp. 1, 19.
  22. ^ "24 in Senate Move for Vote on Liquor". The New York Times. March 23, 1932. pp. 1, 16.
  23. ^ a b "Move on Dry Repeal Assured in Senate". The New York Times. March 25, 1932. pp. 1, 2.
  24. ^ "House Drys Win, 216-132". The New York Times. March 26, 1932. pp. 1, 2.
  25. ^ "Senate Dry Hearings Set". The New York Times. March 26, 1932. p. 2.
  26. ^ "Senate Committee Votes Against Beer". The New York Times. April 20, 1932. p. 12.
  27. ^ "Beer Tax Rejected by Senate, 61 to 24". The New York Times. May 19, 1932. pp. 1, 5.
  28. ^ "Vote on Beer Bills Forced On House". The New York Times. May 15, 1932. pp. 1, 28.
  29. ^ "Beer Bill Rejected, 228 to 169, in House". The New York Times. May 24, 1932. pp. 1, 2.
  30. ^ "The Prohibition Plank Which Was Adopted". The New York Times. June 16, 1932. p. 1.
  31. ^ "Allied Dry Forces' Declare for Hoover". The New York Times. August 15, 1932. pp. 1, 2.
  32. ^ Michael, Charles R. (June 26, 1932). "Rough Draft Completed". The New York Times. pp. 1, 25; Warn, W.A. (June 30, 1932). "Result Cheered Wildly". The New York Times. pp. 1, 14–15.
  33. ^ Baker 2014, p. 555.
  34. ^ "Scores 'Pussy Cat' Words". The New York Times. August 28, 1932. pp. 1, 20; "Roosevelt Affirms Wet Plank Support". The New York Times. October 2, 1932. p. 33.
  35. ^ a b "Bi-Party Wets Plan Dry Law Upset". The New York Times. July 1, 1932. pp. 1, 17.
  36. ^ a b "Press for Wet Bills Before Session Ends". The New York Times. July 4, 1932. pp. 1, 2.
  37. ^ "Glass Asks Repeal, Barring the Saloon". The New York Times. July 14, 1932. pp. 1, 6.
  38. ^ "Party Chiefs Block Bingham Beer Move". The New York Times. July 13, 1932. p. 2.
  39. ^ "Republican Wets Demand House Vote". The New York Times. July 7, 1932. pp. 1, 9.
  40. ^ "Predicts Wet Vote in Next Congress". The New York Times. October 10, 1932. p. 2; "Congress Nominees Found Wet by 10 to 1". The New York Times. October 24, 1932. pp. 1, 9.
  41. ^ "Dry Law Submission Certain, Says Summers". The New York Times. September 29, 1932. p. 13.
  42. ^ "Beer By Next March Predicted By Garner". The New York Times. October 12, 1932. pp. 1, 17.
  43. ^ "Wet Prophets Split On Dry law Change at Short Session". The New York Times. October 16, 1932. pp. 1, 28.
  44. ^ "Wets Clinch Margin for Repeal in House". The New York Times. November 10, 1932. pp. 1, 9.
  45. ^ "Walsh of Montana for Beer Now". The New York Times. November 13, 1932. p. 17.
  46. ^ "Vandenberg Swings to Vote for Beer". The New York Times. November 19, 1932. pp. 1, 2.
  47. ^ "Rainey Expects Beer at the Short Session". The New York Times. November 17, 1932. pp. 1, 10.
  48. ^ "Hoover Spikes Talk of Signing Beer Bill". The New York Times. November 22, 1932. pp. 1, 12.
  49. ^ a b "Garner to Clear Deck for a Beer Bill Now". The New York Times. November 23, 1932. p. 13.
  50. ^ Congressional Record 1932, pp. 64–65.
  51. ^ Congressional Record 1933d, p. 58.
  52. ^ Congressional Record 1933d, p. 239.
  53. ^ Congressional Record 1933a, p. 1623.
  54. ^ McCarty 1980, p. 38.
  55. ^ Congressional Record 1933d, pp. 165, 285.
  56. ^ "Repeal Resolution Drafted By Garner". The New York Times. November 29, 1932. pp. 1, 2.
  57. ^ "Garner Repeal Plan Loses in Committee". The New York Times. December 3, 1932. pp. 1, 3.
  58. ^ a b c Kyvig 2000, p. 169.
  59. ^ "House Wets Count 275 Now For Repeal". The New York Times. December 1, 1932. pp. 1, 3.
  60. ^ "Garner Forces the Issue". The New York Times. December 6, 1932. pp. 1, 16.
  61. ^ Congressional Record 1932, pp. 6–13.
  62. ^ "69 Lame Ducks Cast Votes for Repeal". The New York Times. December 6, 1932. p. 16.
  63. ^ "Democratic Chiefs Veto Compromise". The New York Times. December 6, 1932. p. 16.
  64. ^ a b c "Beer Hearings On Today". The New York Times. December 7, 1932. pp. 1, 17.
  65. ^ "Beer Hearing Begun". The New York Times. December 8, 1932. pp. 1, 13.
  66. ^ "Beer Be Approved By Committee, 17-7". The New York Times. December 16, 1932. pp. 1, 12.
  67. ^ "Splits in Wet Ranks Handicap Beer Bill". The New York Times. December 18, 1932. pp. 1, 2.
  68. ^ "House Margin A Surprise". The New York Times. December 22, 1932. pp. 1, 2.
  69. ^ "House Bill Permits General Sale of Beer". The New York Times. December 22, 1932. p. 2.
  70. ^ "Swift Repeal Test Backed in Senate". The New York Times. November 27, 1932. pp. 1, 12.
  71. ^ "Beer By Christmas Defeated As Senate Demands More Time". The New York Times. December 24, 1932. pp. 1, 5.
  72. ^ "Beer Bill Redraft Planned By Blaine". The New York Times. December 27, 1932. pp. 1, 2.
  73. ^ "Repeal Plan Voted By Senate Group". The New York Times. January 6, 1933. pp. 1, 12.
  74. ^ a b "Test in Committee for Repeal Today". The New York Times. January 9, 1933. p. 40.
  75. ^ a b "Repeal Vote Today Set in the Senate". The New York Times. February 16, 1933. pp. 1, 14.
  76. ^ a b Congressional Record 1933a, pp. 1621–1622.
  77. ^ "Modified Repeal Plan Now Before Senate". The New York Times. January 10, 1933. pp. 1, 2.
  78. ^ Congressional Record 1933a, p. 1401.
  79. ^ Congressional Record 1933b, p. 4002.
  80. ^ Congressional Record 1933b, pp. 3961–3962.
  81. ^ a b "Senate Filibuster On Repeal Checked After 8-Hour Siege". The New York Times. February 15, 1933. pp. 1, 6.
  82. ^ Congressional Record 1933b, p. 4056.
  83. ^ Congressional Record 1933b, p. 4148.
  84. ^ Congressional Record 1933b, pp. 4169–4170.
  85. ^ Congressional Record 1933b, p. 4170.
  86. ^ Congressional Record 1933b, p. 4171.
  87. ^ Congressional Record 1933b, p. 4179.
  88. ^ Congressional Record 1933b, pp. 4211–4212.
  89. ^ Congressional Record 1933b, pp. 4228–4229.
  90. ^ Congressional Record 1933b, p. 4229.
  91. ^ Congressional Record 1933b, pp. 4229–4230.
  92. ^ Congressional Record 1933b, p. 4230.
  93. ^ "Senate Votes Dry Repeal By Conventions in States". The New York Times. February 17, 1933. pp. A1, C13.
  94. ^ a b "Resolution Passes 63-23". The New York Times. February 17, 1933. pp. A1, A34.
  95. ^ Krock, Arthur (February 17, 1933). "Garner Confident of House Repeal". The New York Times. p. 34.
  96. ^ "House Has Frenzied Day". The New York Times. February 21, 1933. pp. 1, 11.
  97. ^ Congressional Record 1933c, p. 4565.
  98. ^ Myers & Isralowitz 2011, p. 210.
  99. ^ a b Kyvig 2000, p. 182.

Bibliography Edit

  • Baker, Kimberly M. (2014). "Prohibition". In Forsyth, Craig J.; Copes, Heith (eds.). Encyclopedia of Social Deviance. Thousand Oaks, Calif.: SAGE Publications. ISBN 9781784026523.
  • Bruce, William Cabell (1926). The National Prohibition Law: Hearings before the Subcommittee of the Committee on the Judiciary. Vol. 1. U.S. Senate. 69th Cong., 1st sess. Washington, D.C.: U.S. Government Printing Office. hdl:2027/mdp.39015071649391.
  • Congressional Record (Bound). Volume 76, Part 1 (December 5, 1932 to December 30, 1932) (PDF). Washington, D.C.: U.S. Government Printing Office. 1933.
  • Congressional Record (Bound). Volume 76, Part 2 (January 3, 1933 to January 23, 1933) (PDF). Washington, D.C.: U.S. Government Printing Office. 1933.
  • Congressional Record (Bound). Volume 76, Part 4 (February 6, 1933 to February 20, 1933) (PDF). Washington, D.C.: U.S. Government Printing Office. 1933.
  • Congressional Record (Bound). Volume 76, Part 5 (February 21, 1933 to March 4, 1933) (PDF). Washington, D.C.: U.S. Government Printing Office. 1933.
  • Congressional Record (Bound). Volume 76, Part 6 (December 5, 1932 to March 4, 1933) (PDF). Washington, D.C.: U.S. Government Printing Office. 1933.
  • Kyvig, David E. (2000). Repealing National Prohibition. Kent, Ohio: Kent State University Press. ISBN 9780873386722.
  • LaFrance, Peter (2013). "Beer". In Smith, Andrew F. (ed.). The Oxford Encyclopedia of Food and Drink in America. New York: Oxford University Press. ISBN 9780199734962.
  • McCarty, Jeanne Bozzell (1980). The Struggle for Sobriety: Protestants and Prohibition in Texas, 1919-1935. El Paso, Tex.: Texas Western Press. ISBN 9780874041217.
  • Myers, Peter L.; Isralowitz, Richard (2011). Alcohol. Santa Barbara, Calif.: Greenwood Press. ISBN 9780313372476.

October 18, 2023
blaine, formally, titled, joint, resolution, proposing, twenty, first, amendment, united, states, constitution, joint, resolution, adopted, united, states, congress, february, 1933, initiating, repeal, 18th, amendment, united, states, constitution, which, esta. The Blaine Act formally titled Joint Resolution Proposing the Twenty First Amendment to the United States Constitution is a joint resolution adopted by the United States Congress on February 20 1933 initiating repeal of the 18th Amendment to the United States Constitution which established Prohibition in the United States Repeal was finalized when the 21st Amendment to the Constitution was ratified by the required minimum number of states on December 5 1933 Joint Resolution Proposing the Twenty First Amendment to the United States ConstitutionNicknamesBlaine ActEnacted bythe 72nd United States CongressEffectiveFebruary 20 1933CodificationActs repealedEighteenth Amendment to the United States ConstitutionLegislative historyIntroduced in the Senate as S J Res 211 by John J Blaine R WI on December 6 1932Committee consideration by JudiciaryPassed the Senate on February 17 1933 63 23 Passed the House on February 20 1933 289 121 Contents 1 Initial activity in the 72nd Congress 1 1 Political situation 1 2 Wavering support for changing Prohibition 1 3 Election of 1932 and effect on Prohibition repeal 2 Passage of the Blaine Act 2 1 Repeal failure in the House 2 2 The beer bills 2 3 Moving the Blaine bill in the Senate 2 4 Moving the Blaine bill in the House 3 Adoption of the 21st Amendment 4 References 5 BibliographyInitial activity in the 72nd Congress EditThe Volstead Act implemented the 18th Amendment Prohibition The act defined intoxicating beverage as one with 0 5 percent alcohol by weight Numerous problems with enforcement 1 and a desire to create jobs and raise tax revenue by legalizing beer wine and liquor 2 led a majority of voters and members of Congress to turn against Prohibition by late 1932 1 Political situation Edit nbsp Senator Hiram BinghamWhen the first legislative session of the 72nd United States Congress opened on December 7 1931 more than two dozen bills were offered amending the Volstead Act or repealing the 18th Amendment altogether 3 Republicans who controlled both houses in the previous Congress had previously been united in their support for Prohibition and with the support of dry pro Prohibition Democrats easily garnered more than the two thirds majority needed to block any vote on even the slightest easing of the Volstead Act 4 Now however 64 wet Republicans formed a caucus in the House of Representatives to work with Democrats who had a slim majority after winning a number of special elections to seek modification or repeal 5 The Democrats also changed the rules of the House adopting a discharge petition procedure which would force a bill to the floor for a vote if 145 members requested it 4 Legislative activity initially focused on the Senate Among the bills filed at the start of the session was one by Senator Hiram Bingham III R Conn which amended the Volstead Act to permit the manufacture of beer which was 4 percent alcohol by weight His bill would not have modified the 18th Amendment 6 Republican wets were able to win a minor victory on December 23 1931 when they secured an agreement establishing a subcommittee of the Senate Judiciary Committee which would hold hearings regarding modification of the Volstead Act and repeal of the 18th Amendment 7 Senator John J Blaine R Wisc a leader of the Senate s Republican wets 4 was named subcommittee chair 8 Although the five member subcommittee had a three member dry majority 8 wets only wanted to use the subcommittee to lay the groundwork for a vote at some indeterminate future on a Prohibition bill of some undetermined type 7 Wets won another victory a few days later when the Senate Committee on Manufactures agreed to hold hearings on Bingham s 4 percent beer bill 6 These small victories emboldened wet forces On December 26 Senator Bingham submitted legislation to repeal the 18th Amendment Three fourths of the state legislatures were required to approve any amendment and Bingham believed that too many legislatures still supported Prohibition Bingham s bill therefore proposed submitting the amendment to the public via a national referendum or ratification by conventions specially elected by voters in each state 8 In the House where wet forces were in somewhat disarray Majority Leader Henry T Rainey D Ill a dry himself 9 tried to block legislation by telling wets that they would have a single opportunity for a vote It didn t matter if the bill was modification or repeal he said 10 In response a bipartisan caucus of wets decided to submit a plan to modify the 18th Amendment according to the recommendations issued in 1931 by the National Commission on Law Observance and Enforcement the Wickersham Commission a panel established by President Herbert Hoover to study law enforcement problems under Prohibition 11 In the first direct vote on the issue since Prohibition began the Senate rejected the Bingham repeal resolution 55 to 15 on January 21 1932 Drys hailed the vote as symbolic of the weakness of the repeal forces 12 Wavering support for changing Prohibition Edit nbsp Senator John J Blaine A wet Republican he was elected chair of a Judiciary Committee subcomittee which he used to promote the modification or repeal of Prohibition and its enabling legislation Wets in Congress perceived that support for Prohibition was waning A week after the defeat of the Bingham repeal proposal House wets began drafting legislation to amend the Volstead Act to permit the manufacture of beer once more Their goal was to force a vote before the session of Congress ended in July 1932 13 With only 34 wet votes in the Senate and 190 in the House a repeal lobbyists believed no action could be taken until after the November 1932 elections 14 Congressional wets received a major boost on February 20 when a leading Democratic candidate for president Franklin D Roosevelt announced he supported repeal of the 18th Amendment as a means of generating tax revenues for the federal government and states 15 Roosevelt s support for repeal boosted wet support in the House On February 16 the House Judiciary Committee had voted 14 to 9 against the Beck Linthicum resolution which would have asked state legislatures to reaffirm or repeal the 18th Amendment 16 House wets then shocked political leaders in both sides on February 25 by obtaining 110 signatures on a discharge petition for the Beck Linthicum resolution 17 The wets secured the required 145 signatures for discharge on March 1 18 The Beck Linthicum resolution received 187 votes resulting in the smallest majority drys had managed to muster since the start of Prohibition 19 House wets who considered the vote on Beck Linthicum only a test of their growing strength were thrilled by the vote 20 The House test vote was encouraging to Senate wets as well On March 19 Blaine s Judiciary subcommittee favorably reported a bill by Senator Bingham proposing the legalization of 4 percent beer Surprisingly the subcommittee report even called modification of the 18th Amendment useless 21 Three days later a bipartisan group of 38 senators surprised the Senate by signing a letter demanding a vote to modify or repeal the 18th Amendment 22 The letter referred to four resolutions before Blaine s subcommittee b Senator George W Norris R Neb chair of the full Judiciary Committee promised the group that his committee would report at least one of the bills favorably or not and give senators a chance to vote on it on the Senate floor 23 House wets appeared to suffer a setback on March 25 when the House rejected a bill proposed by Rep Thomas H Cullen D N Y to amend the Volstead Act to permit the manufacture of 2 75 percent beer and tax it 24 Wets in the Senate also lost ground Blaine began holding hearings on repeal of the 18th Amendment in mid April 25 and on April 19 the Senate Manufactures Committee unfavorably reported a 4 percent beer bill 26 which had the perverse outcome of enabling a floor vote In this test vote wets were able to secure only 24 votes 27 In May 1932 House wets shocked the political establishment again by securing enough signatures on a discharge petition to free the O Connor Hull bill from the House Ways and Means Committee 28 The House defeated the bill which would have permitted 2 75 percent beer and taxed it at a rate of 3 percent of its retail value 228 to 169 It was a significant drop in anti Prohibition support 29 Election of 1932 and effect on Prohibition repeal Edit nbsp The 1932 Democratic National Convention called for complete repeal of the 18th Amendment giving wet forces in Congress a major boost The political situation among voters in the various states was strongly in favor of Prohibition repeal however Although a majority of delegates to the 1932 Republican National Convention held in Chicago June 14 to 16 were in favor of repealing the 18th Amendment President Hoover was not A compromise was reached in which the convention adopted a party platform plank which advocated amending Prohibition to permit states to follow the law in whole or in part subject to federal control The plank also rejected a national referendum in favor of approval disapproval by state legislatures 30 The platform plan was widely criticized for not taking a stand on Prohibition Dry organizations however backed Hoover strongly seeing in him their only chance of preserving Prohibition in any form 31 At the 1932 Democratic National Convention held in Chicago from June 27 to July 2 an overwhelming majority supported a repeal of the 18th Amendment The party s platform contained a plank proposing repeal by conventions specially elected by voters in each state the Bingham proposal from earlier in the year The plank also proposed allowing states and their localities to stay dry if they so chose 32 Franklin D Roosevelt the party s nominee for President of the United States campaigned strongly in favor of repeal 33 34 Wets of both parties in Congress were elated by the Democratic Party platform and agreed at a minimum to seek significant amendment of the Volstead Act before the end of the 72nd Congress in March 1933 35 36 Senate wets were particularly encouraged after Senator Cameron A Morrison D N C a radical dry was defeated for reelection in the June 1932 Democratic primary 36 and Senator Carter Glass D Va another strong dry abruptly began advocating repeal 37 However when Senator Bingham attempted to move his repeal resolution forward Senate leaders blocked the move 38 In the House wets rushed to circulate discharge petitions 39 on four bills which would make beer legal again 35 By late fall it was clear to many leaders in Congress that the wet movement already had majority support Polls of candidates for Congress showed that at least 80 percent of them supported repeal of the 18th Amendment 40 Rep John W Summers R Wash dry chair of the House Judiciary Committee now believed it was inevitable that the 18th Amendment would be resubmitted to the states 41 Speaker of the House John Nance Garner believed Congress would approve the sale of beer by the end of the session 42 Prominent wets in the Senate were less hopeful as their forces were divided between supporting modification of the Volstead Act and outright repeal of the 18th Amendment 43 On Election Day more than 100 dry candidates lost their seats in Congress In the House a super majority of new and reelected members supported outright repeal while in the Senate the repeal super majority was just three votes short 44 Two more repeal votes were gained when Senator Thomas J Walsh D Mont a leading dry agreed to vote for modification or repeal on November 12 45 followed by Senator Arthur Vandenberg R Mich on November 18 46 Passage of the Blaine Act Edit nbsp Speaker John Nance Garner attempted to force the House to repeal the 18th Amendment on the first day of the lame duck second session House members balked As the lame duck session of Congress opened in November House Majority Leader Rainey bowing to the wishes of his caucus announced that House leaders would move with all due speed on Prohibition changes A survey of House members showed a strong majority for amending the Volstead Act to make beer legal again with fewer in favor of a repeal of the 18th Amendment 47 Despite President Hoover s pledge to veto the legislation 48 Speaker Garner said he would clear all legislative calendars to give a beer bill priority before Congress was forced to adjourn 49 c On December 6 Senator Blaine introduced Senate Joint Resolution 211 whose text amended and rewrote the 18th Amendment to read that Congress shall not have the power to authorize the transportation or importation into any State or Territory of the United States for use therein of intoxicating liquors for beverage or other purposes within the State or Territory if the laws in force therein prohibit such transportation or importation Alcohol imported into a prohibited area was subject to local not federal law and Congress was authorized to enact legislation to aid states in enforcing their own liquor laws 50 d e Repeal failure in the House Edit The first attempt at repeal of the 18th Amendment came in the House Speaker Garner a wet 54 surprised wet forces by announcing on November 23 that he himself had drafted a resolution H J Res 480 55 calling for repeal of the amendment and was prepared to suspend the rules of the House in order to get it passed 56 The Garner plan received a setback on December 2 when the House Judiciary Committee voted 13 to 6 to reject the resolution Observers disputed whether the Garner resolution was flawed or whether drys had decided to oppose it at last 57 The House went into session again on December 5 and the Garner resolution went to the floor for a vote 58 Although Democratic Party whips had counted 275 votes in favor of repeal 59 the resolution failed to win the necessary two thirds majority The final vote was 272 to 144 60 61 with 79 former drys 66 Democrats and 13 Republicans voting in favor of repeal 62 Angry and dejected Garner proclaimed the issue dead for the remainder of the lame duck session and said Congress would have to wait until the new wet majority took power in the 73rd Congress on March 4 1933 63 f Rep James M Beck R Pa co sponsor of the Beck Linthicum bill which had gone down to defeat nine months earlier believed the House would have adopted Garner s resolution if he had not tried to force the issue on the first day of the lame duck session 58 The beer bills Edit The House leadership resigned itself to action on the Collier bill legislation sponsored by Rep James Collier D Miss which would legalize 2 75 percent beer and wine 64 and levy a 5 per barrel tax 107 in 2022 dollars on beer 65 and a 20 percent retail sales tax on wine 64 On December 15 the Ways and Means Committee voted 17 to 7 in favor of this bill which was amended to legalize 3 2 percent beer The bill was amended to prohibit legal sales of wine but attempts to include a ban on bars and saloons were beaten back 66 Although proposed amendments threatened to split wet ranks 67 the House passed the Collier bill on December 21 by a surprising large margin of 230 to 165 68 An amendment to the bill restricted shipments of beer into states which chose to retain Prohibition 69 In the Senate both beer bills and 18th Amendment repeal resolutions were pursued Senator Tydings proposed legislation authorizing the sale of beer with any percentage of alcohol and taxing beer at 16 percent of its retail value Senator Bingham however sought passage of a measure identical to the original Collier bill 64 Wets in the Senate also sought to bring a repeal resolution to the floor as swiftly as possible 70 The Senate voted down 48 to 23 an attempt on December 23 to bring the Bingham bill to the floor for debate and a vote 71 Senators pointed out that the bill did not actually amend the Volstead Act but was stand alone legislation They feared that the Bingham Collier bill would be found unconstitutional unless the Volstead Act itself were amended Senator Blaine promised an immediate redraft to meet these concerns 72 Moving the Blaine bill in the Senate Edit nbsp Senator Morris Sheppard of Texas led the eight hour filibuster against the Blaine ActOn January 5 1933 the Blaine subcommittee substantially amended S J Res 211 during markup 73 74 Section one of the proposed constitutional amendment now explicitly repealed the 18th amendment New language in section two prohibited the sale of intoxicating beverages in any state or territory which prohibited them while section three gave Congress the concurrent power to regulate or prohibit the consumption of intoxicating beverages in certain establishments g The final section provided for ratification by state legislatures with a seven year time limit 76 The new text was sharply criticized by repeal advocates who saw the new ratification procedure as a breach of faith 74 and who strongly objected to the concurrent federal power granted in section three 76 The full Senate Judiciary Committee favorably reported S J Res 211 on January 9 in an 11 to 5 vote 77 78 Blaine moved to have the Senate consider S J Res 211 on February 14 79 h Drys in the Senate engaged in an eight hour filibuster 81 led by Senators Morris Sheppard D Tex and Smith W Brookhart R Iowa 82 Finally frustrated by the filibuster s blockage of all Senate business including emergency legislation to deal with the Great Depression s banking crisis a successful cloture vote occurred at 10 P M which ended the filibuster 81 During debate on the Blaine bill on February 15 the Senate made two substantive changes to the resolution 75 Senator Joseph T Robinson D Ark offered an amendment in the form of a substitution to provide for ratification by state convention rather than state legislatures 83 The amendment was agreed to by a vote of 45 to 15 84 Senator Robinson then offered an amendment striking section two 85 but then modified his own motion to strike instead section three 86 The amendment was agreed to by a vote of 33 to 32 87 The Senate resumed debate on February 16 Senator David A Reed R Pa asked for reconsideration of the vote to strike section three and Senator Carter Glass attempted to offer S J Res 202 as an amendment in the nature of a substitute 88 i Glass motion was rejected by a vote of 14 to 70 Senator Tydings attempted to prevent Congress from taxing any intoxicating beverage it chose to prohibit but his amendment was rejected in a voice vote 90 Glass attempted again to substitute S J Res 202 this time as an amendment and was again rejected 38 to 46 Reed s amendment to restore section three was also rejected by a vote of 37 to 47 91 Senator Thomas Gore D Okla attempted to amend section two to bar the sale of intoxicating beverages for private profit but his motion was rejected by voice vote 92 The Senate then approved the amended resolution by a vote of 63 to 23 five more votes than the required two thirds majority 93 94 Moving the Blaine bill in the House Edit Adoption of S J Res 211 created new repeal activity in the House Majority Leader Rainey called an immediate meeting of the Democratic caucus and Speaker Garner said he intended to seek suspension of the rules in order to bring repeal to a quick vote 94 and to bar any attempt to amend the resolution on the floor 95 On February 20 Majority Leader Rainey asked for suspension of the rules and immediate adoption of S J Res 211 Debate was limited to just 20 minutes pro and con The House adopted Rainey s motion on a vote of 289 to 121 S J Res 211 was passed with 15 more votes than the required two thirds majority 96 Adoption of the 21st Amendment Edit nbsp Enrolled text of the 21st AmendmentS J Res 211 was sent to the United States Secretary of State on February 20 1933 97 On March 21 1933 Congress enacted the Cullen Harrison Act which redefined intoxicating beverage as one with 3 2 percent alcohol by weight The Cullen Harrison Act went into effect on April 7 1933 1 The 21st Amendment was ratified by state ratifying conventions on December 5 1933 98 99 A nationwide radio audience listened in as Utah became the 36th state to ratify the amendment 99 References EditNotes The U S Constitution requires that two thirds of members present in both the Senate and the House of Representatives vote in favor of an amendment before it can be sent to the states for repeal At the time if all members were present and voting the two thirds majority required 64 votes in the 96 seat Senate and 282 votes in the 435 seat House The four resolutions were 1 A weakly worded repeal resolution by Senator Bingham 2 A weakly worded repeal resolution by Senator Robert F Wagner D N Y 3 A resolution by Senator Millard Tydings D Md amending Prohibition to permit the states to adhere to it in whole or in part and 4 A strongly worded resolution introduced by Senator Blaine on March 14 repealing the 18th Amendment 23 Garner was also Vice President elect at this time 49 There were three other joint resolutions in the lame duck Congress to amend H J Res 485 H J Res 491 and H J Res 534 seven to repeal S J Res 202 H J Res 480 H J Res 484 H J Res 489 H J Res 490 H J Res 508 and H J Res 516 and one regarding implementation of the 18th Amendment H J Res 592 Only S J Res 202 S J Res 211 and H J Res 480 were acted upon 51 During floor consideration of S J Res 211 S J Res 202 was offered as an amendment in the nature of a substitute and rejected 52 Senator Sam G Bratton D N M offered an amendment to S J Res 211 to provide for approval by state convention rather than state legislatures but it was never acted on 53 Among those voting against repeal were 70 dry Republicans and 11 dry Democrats who had failed to win reelection 58 This section was colloquially known as the anti saloon provision 75 Senator Blaine attempted to begin debate on S J Res 211 on the evening of February 13 but agreed to let the Senate recess for the night 80 Senator Reed offered a friendly amendment to S J Res 202 to which Glass agreed clarifying the intent of the resolution 89 Citations a b c LaFrance 2013 p 144 Baker 2014 p 554 Congress Will Get Score of Wet Bills The New York Times December 7 1931 p 2 a b c Prohibition Test Is Nearer With New Congress Line Up The New York Times December 20 1931 p XX7 Republican Wets Form House Bloc The New York Times December 17 1931 p 3 a b Hearings Mapped on Anti Dry Bills The New York Times December 25 1931 p 10 a b Dry Repeal Hearings Set The New York Times December 23 1931 p 2 a b c 5 Senators Named to Take Up Repeal The New York Times December 27 1931 pp 1 7 Bruce 1926 p 16 Limits House Vote to One Dry Law Bill The New York Times December 30 1931 pp 1 4 Wets Select Plan for Test in House The New York Times January 12 1932 p 8 Senate 55 15 Bars Referendum Plan The New York Times January 22 1932 pp 1 2 Wets Push Plans for Vote on Beer The New York Times January 28 1932 p 44 Curran Recounts Gains for Repeal The New York Times February 15 1932 p 19 Roosevelt Demands Repeal of Dry Law As An Economic Aid The New York Times February 21 1932 pp 1 3 House Committee Rejects Wet Plan The New York Times February 17 1932 p 2 110 Sign Petition for Vote on Liquor The New York Times February 26 1932 pp 1 3 145 In House Force Dry Law Test Vote The New York Times March 2 1932 pp 1 2 Krock Arthur March 15 1932 Wet Bloc Polls 187 But Loses In test of Dry Law In House The New York Times pp 1 12 Wets and Drys Find Comfort in Vote The New York Times March 15 1932 p 12 Favor the Bingham Bill The New York Times March 20 1932 pp 1 19 24 in Senate Move for Vote on Liquor The New York Times March 23 1932 pp 1 16 a b Move on Dry Repeal Assured in Senate The New York Times March 25 1932 pp 1 2 House Drys Win 216 132 The New York Times March 26 1932 pp 1 2 Senate Dry Hearings Set The New York Times March 26 1932 p 2 Senate Committee Votes Against Beer The New York Times April 20 1932 p 12 Beer Tax Rejected by Senate 61 to 24 The New York Times May 19 1932 pp 1 5 Vote on Beer Bills Forced On House The New York Times May 15 1932 pp 1 28 Beer Bill Rejected 228 to 169 in House The New York Times May 24 1932 pp 1 2 The Prohibition Plank Which Was Adopted The New York Times June 16 1932 p 1 Allied Dry Forces Declare for Hoover The New York Times August 15 1932 pp 1 2 Michael Charles R June 26 1932 Rough Draft Completed The New York Times pp 1 25 Warn W A June 30 1932 Result Cheered Wildly The New York Times pp 1 14 15 Baker 2014 p 555 Scores Pussy Cat Words The New York Times August 28 1932 pp 1 20 Roosevelt Affirms Wet Plank Support The New York Times October 2 1932 p 33 a b Bi Party Wets Plan Dry Law Upset The New York Times July 1 1932 pp 1 17 a b Press for Wet Bills Before Session Ends The New York Times July 4 1932 pp 1 2 Glass Asks Repeal Barring the Saloon The New York Times July 14 1932 pp 1 6 Party Chiefs Block Bingham Beer Move The New York Times July 13 1932 p 2 Republican Wets Demand House Vote The New York Times July 7 1932 pp 1 9 Predicts Wet Vote in Next Congress The New York Times October 10 1932 p 2 Congress Nominees Found Wet by 10 to 1 The New York Times October 24 1932 pp 1 9 Dry Law Submission Certain Says Summers The New York Times September 29 1932 p 13 Beer By Next March Predicted By Garner The New York Times October 12 1932 pp 1 17 Wet Prophets Split On Dry law Change at Short Session The New York Times October 16 1932 pp 1 28 Wets Clinch Margin for Repeal in House The New York Times November 10 1932 pp 1 9 Walsh of Montana for Beer Now The New York Times November 13 1932 p 17 Vandenberg Swings to Vote for Beer The New York Times November 19 1932 pp 1 2 Rainey Expects Beer at the Short Session The New York Times November 17 1932 pp 1 10 Hoover Spikes Talk of Signing Beer Bill The New York Times November 22 1932 pp 1 12 a b Garner to Clear Deck for a Beer Bill Now The New York Times November 23 1932 p 13 Congressional Record 1932 pp 64 65 Congressional Record 1933d p 58 Congressional Record 1933d p 239 Congressional Record 1933a p 1623 McCarty 1980 p 38 Congressional Record 1933d pp 165 285 Repeal Resolution Drafted By Garner The New York Times November 29 1932 pp 1 2 Garner Repeal Plan Loses in Committee The New York Times December 3 1932 pp 1 3 a b c Kyvig 2000 p 169 House Wets Count 275 Now For Repeal The New York Times December 1 1932 pp 1 3 Garner Forces the Issue The New York Times December 6 1932 pp 1 16 Congressional Record 1932 pp 6 13 69 Lame Ducks Cast Votes for Repeal The New York Times December 6 1932 p 16 Democratic Chiefs Veto Compromise The New York Times December 6 1932 p 16 a b c Beer Hearings On Today The New York Times December 7 1932 pp 1 17 Beer Hearing Begun The New York Times December 8 1932 pp 1 13 Beer Be Approved By Committee 17 7 The New York Times December 16 1932 pp 1 12 Splits in Wet Ranks Handicap Beer Bill The New York Times December 18 1932 pp 1 2 House Margin A Surprise The New York Times December 22 1932 pp 1 2 House Bill Permits General Sale of Beer The New York Times December 22 1932 p 2 Swift Repeal Test Backed in Senate The New York Times November 27 1932 pp 1 12 Beer By Christmas Defeated As Senate Demands More Time The New York Times December 24 1932 pp 1 5 Beer Bill Redraft Planned By Blaine The New York Times December 27 1932 pp 1 2 Repeal Plan Voted By Senate Group The New York Times January 6 1933 pp 1 12 a b Test in Committee for Repeal Today The New York Times January 9 1933 p 40 a b Repeal Vote Today Set in the Senate The New York Times February 16 1933 pp 1 14 a b Congressional Record 1933a pp 1621 1622 Modified Repeal Plan Now Before Senate The New York Times January 10 1933 pp 1 2 Congressional Record 1933a p 1401 Congressional Record 1933b p 4002 Congressional Record 1933b pp 3961 3962 a b Senate Filibuster On Repeal Checked After 8 Hour Siege The New York Times February 15 1933 pp 1 6 Congressional Record 1933b p 4056 Congressional Record 1933b p 4148 Congressional Record 1933b pp 4169 4170 Congressional Record 1933b p 4170 Congressional Record 1933b p 4171 Congressional Record 1933b p 4179 Congressional Record 1933b pp 4211 4212 Congressional Record 1933b pp 4228 4229 Congressional Record 1933b p 4229 Congressional Record 1933b pp 4229 4230 Congressional Record 1933b p 4230 Senate Votes Dry Repeal By Conventions in States The New York Times February 17 1933 pp A1 C13 a b Resolution Passes 63 23 The New York Times February 17 1933 pp A1 A34 Krock Arthur February 17 1933 Garner Confident of House Repeal The New York Times p 34 House Has Frenzied Day The New York Times February 21 1933 pp 1 11 Congressional Record 1933c p 4565 Myers amp Isralowitz 2011 p 210 a b Kyvig 2000 p 182 Bibliography EditBaker Kimberly M 2014 Prohibition In Forsyth Craig J Copes Heith eds Encyclopedia of Social Deviance Thousand Oaks Calif SAGE Publications ISBN 9781784026523 Bruce William Cabell 1926 The National Prohibition Law Hearings before the Subcommittee of the Committee on the Judiciary Vol 1 U S Senate 69th Cong 1st sess Washington D C U S Government Printing Office hdl 2027 mdp 39015071649391 Congressional Record Bound Volume 76 Part 1 December 5 1932 to December 30 1932 PDF Washington D C U S Government Printing Office 1933 Congressional Record Bound Volume 76 Part 2 January 3 1933 to January 23 1933 PDF Washington D C U S Government Printing Office 1933 Congressional Record Bound Volume 76 Part 4 February 6 1933 to February 20 1933 PDF Washington D C U S Government Printing Office 1933 Congressional Record Bound Volume 76 Part 5 February 21 1933 to March 4 1933 PDF Washington D C U S Government Printing Office 1933 Congressional Record Bound Volume 76 Part 6 December 5 1932 to March 4 1933 PDF Washington D C U S Government Printing Office 1933 Kyvig David E 2000 Repealing National Prohibition Kent Ohio Kent State University Press ISBN 9780873386722 LaFrance Peter 2013 Beer In Smith Andrew F ed The Oxford Encyclopedia of Food and Drink in America New York Oxford University Press ISBN 9780199734962 McCarty Jeanne Bozzell 1980 The Struggle for Sobriety Protestants and Prohibition in Texas 1919 1935 El Paso Tex Texas Western Press ISBN 9780874041217 Myers Peter L Isralowitz Richard 2011 Alcohol Santa Barbara Calif Greenwood Press ISBN 9780313372476 Retrieved from https en wikipedia org w index php title Blaine Act amp oldid 1156214777, wikipedia, wiki, book, books, library,

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