Wisconsin and the Repeal of Prohibition

prohibition_ends_at_lastThis past December 5 marked the 80th anniversary of the repeal of Prohibition, America’s experiment in the creation of an alcohol-free society.

Prohibition officially ended in 1933 with the ratification of the 21st Amendment to the United States Constitution. The new Amendment repealed the earlier 18th Amendment, which had made the sale and consumption of alcoholic beverages illegal in the United States.

The repeal of Prohibition is an event that has been celebrated daily in Wisconsin for the past eight decades.

Somewhat remarkably, Wisconsin, long associated with the production of alcoholic spirits, did actually vote for Prohibition. On January 17, 1919, in the wake of intense anti-German sentiment throughout the United States and in the aftermath of World War I, in which the U.S. government had used its war powers to sharply curtail the production of alcoholic beverages, the Wisconsin legislature approved the 18th Amendment by a majority vote. However, in “defense” of the legislature, Wisconsin’s approval did not come until after the Prohibition Amendment had already been ratified by the requisite number of states to bring it into law.

At the time of the Wisconsin vote, 39 other states had already ratified the proposed Amendment, three more than necessary. North Carolina, Utah, Nebraska, Missouri, and Wyoming had all ratified the Amendment the previous day (January 16), bringing the number of ratifying states to 38. (The 39th state, Minnesota, ratified the Amendment earlier the same day that Wisconsin voted for it.) That the Amendment was already set to take effect was known in Wisconsin at the time of the vote.

But having approved of Prohibition in 1919, the enthusiasm of Wisconsin residents for the “Noble Experiment” quickly waned, even though 45% of the state had actually enacted local option prohibition laws prior to the passage of the 18th Amendment.

Even the state’s highest ranking officials began to express their reservations. Republican Governor John James Blaine (of Wingfield, Wisconsin) began to publically question the wisdom of Prohibition as early as 1923, and by the middle of the decade state (as opposed to federal) enforcement of the anti-alcohol laws had come to a halt.

In 1926, advocates of repeal managed to get a measure on that year’s state ballot asking voters if they thought the 18th Amendment should be repealed or drastically modified, and just under 72% of participants voted “yes.” The following year the legislature adopted a statute legalizing beer, which was vetoed by new governor Fred Zimmerman (R. Milwaukee), but only on the grounds that it was clearly unconstitutional.

In 1928, Wisconsin went so far as to repeal all of its state laws enforcing Prohibition, and by 1932, the party platforms of both Republicans and Democrats openly called for repeal of the 18th Amendment.

Wisconsin eventually took the lead of the repeal movement when, on December 6, 1932, former Governor Blaine, now a United States Senator, introduced the original draft of the 21st Amendment into Congress. (Blaine himself was a lame duck senator at the time, having been defeated in the Republican primary in 1932, while running for a second term.) Although Blaine is largely forgotten today, he was once widely known among drinking Americans as the “Father of the 21st Amendment.”

Unlike other Constitutional Amendments, the terms of the 21st Amendment required that it be ratified by state constitutional conventions, rather than by the state legislatures. After the amendment was approved by both houses of Congress by the requisite 2/3 majorities, the Wisconsin legislature quickly scheduled an election of delegates to a state convention.

Not surprisingly, every seat in the April convention was won by an advocate of repeal. On April 25, 1933, the delegates assembled and voted unanimously to support the 21st Amendment. By doing so, they made Wisconsin the second state to ratify the Amendment. Michigan had beaten Wisconsin to the punch, but only by a mere ten days.

Within a week, a bill legalizing alcoholic beverages had been introduced into the Wisconsin legislature in anticipation of the Amendment’s impending passage. As it turned out, there was more resistance to repeal than some had anticipated (especially in rural areas and in the South), and ratification did not occur for another 7 ½ months. However, the new Amendment officially took effect on December 5, 1933, when Utah became the 36th state to ratify.

According to contemporary accounts, large crowds took to the streets in Milwaukee that day to celebrate the return of alcoholic beverages and the revival of the Brew City’s beer and liquor industries.

 

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No, But I Know Scott Walker . . . .

As has been widely reported statewide, the Marquette Law School Poll released on Tuesday found the 2014 governor’s race shaping up to be close, which means an intensely fought campaign is all but a certainty. But it’s worth underscoring the degree to which the race, one year out from the election, is between Scott Walker and someone who’s not Scott Walker.

The poll found that the large majority of Wisconsin voters do not have an opinion yet on former Trek Bike executive Mary Burke, the only announced candidate for the Democratic nomination, or two state legislators who are considering running, Sen. Kathleen Vinehout and Democratic Assembly Leader Peter Barca. To be specific, 70% had no opinion on Burke, 79% on Vinehout, and 82% on Barca.

But they sure know who the Republican incumbent is. Only 4% had no opinion on Walker. And he remains a highly polarizing figure, with 50% saying they have a favorable opinion of him and 46% unfavorable. As Professor Charles Franklin said during the poll release event, a lot of governors would come nowhere near 96% name recognition in their home states.

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Pot, Politics, and the New Center

The headlines about the newest Marquette Law School Poll are focusing on the 2014 race for governor and that’s certainly no surprise. Let’s be honest. For the news media (I’m still a member), the horserace is catnip. We can’t resist. But there’s another question in the Poll that may generate—forgive me—some buzz of its own. “Do you think the use of marijuana should be made legal, or not?” Of the 400 people who responded, 50 per cent said yes, marijuana should be legal. Forty-five per cent said it should not. (See question 33 of the poll results here.)

Surprising? Perhaps. But why is it significant? To be sure, marijuana will not be a major issue in next year’s elections in Wisconsin. We’re not about to become the next Colorado or Washington, where in statewide referenda voters made recreational pot use legal. We’re also not about to join the list of 20 states that permit marijuana for medical use, although two Democratic state lawmakers, Jon Erpenbach and Chris Taylor, are proposing we do just that. Erpenbach and Taylor say the public is ahead of the politicians on this one, and the Marquette Law School Poll suggests they may be right. Furthermore, a recent Gallup Poll found even stronger support for legalizing marijuana. For the first time ever, a clear majority of Americans, 58 percent, favored legalization.

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