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Shaping the Eighteenth Amendment: temperance reform, legal culture, and the polity, 1880-1920 PDF

670 Pages·1995·1.69 MB·English
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Shaping the Eighteenth Amendment : title: Temperance Reform, Legal Culture, and the Polity, 1880-1920 Studies in Legal History author: Hamm, Richard F. publisher: University of North Carolina Press isbn10 | asin: 0807821810 print isbn13: 9780807821817 ebook isbn13: 9780807861875 language: English Prohibition--United States--History, Liquor laws--United States--History, Temperance-- subject United States--History, United States.-- Constitution.--18th Amendment--History. publication date: 1995 lcc: KF3919.H35 1995eb ddc: 344.73/0541 Prohibition--United States--History, Liquor laws--United States--History, Temperance-- subject: United States--History, United States.-- Constitution.--18th Amendment--History. SHAPING THE EIGHTEENTH AMENDMENT STUDIES IN LEGAL HISTORY Published by the University of North Carolina Press in association with the American Society for Legal History Thomas A. Green and Hendrik Hartog, editors RICHARD F. HAMM SHAPING THE EIGHTEENTH AMENDMENT TEMPERANCE REFORM, LEGAL CULTURE, AND THE POLITY, 1880-1920 THE UNIVERSITY OF NORTH CAROLINA PRESS Chapel Hill& London © 1995 The University of North Carolina Press All rights reserved Manufactured in the United States of America The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources. Library of Congress Cataloging-in-Publication Data Hamm, Richard F. Shaping the Eighteenth Amendment: temperance reform, legal culture, and the polity, 1880-1920/ Richard F. Hamm p. cm.-(Studies in legal history) Includes bibliographical references and index. ISBN 0-8078-2181-0 (cloth : alk. paper).-ISBN 0-8078-4493-4 (pbk.: alk. paper) 1. Prohibition-United States-History. 2. Liquor laws-United States- History. 3. Temperance-United States-History. 4. United States-Constitutional law-Amendments-18th-History. I. Title. II. Series. KF3919.H35 1995 344·73'0541 --dc20 [347·304541] 94-17948 CIP 99 98 97 96 95 5 4 3 2 1 DEDICATED TO HILDA D. HAMM CONTENTS Acknowledgments, ix Introduction: Reformers and the Polity, 1 PART 1. RADICALS AND THE POLITY 1The Radical Prohibition Movement and the Liquor Industry, 19 2Liquor and Interstate Commerce: Court and Congress, 56 3The Federal Liquor Tax and the Radical Prohibitionists, 92 PART 2. PRAGMATISTS AND THE POLITY 4The Transformation of Prohibitionist Means, 123 5The Liquor Tax and the Pragmatic Prohibitionists, 155 6Interstate Commerce, Pragmatic Prohibitionists, and Federal 175 Power in the Progressive Era, 7Commerce, Pragmatic Prohibitionists, and Congress, 203 8A Dry Nation, 227 Conclusion: The Relationship of the Polity to Reforms and the 256 Legacy of Concurrent Power during National Prohibition, Sources and Textual Methods, 273 Notes, 275 Index, 337 Page ix ACKNOWLEDGEMENTS This book was a long time in the making. It began many years ago as a conversation with Charles W. McCurdy. Early in 1980 he mentioned as a paper topic the effect of interstate commerce doctrines on the prohibition movement. Since then the work has grown. It has put down roots in various literatures, sprawled across far larger periods of time, blossomed with unexpected fruits, and required more tending and effort than this historical gardener would ever have imagined. Along the way I have accumulated many debts that must be acknowledged. The greatest debts are those I owe to my family. Without their intellectual, moral, and financial support this work would never have begun, let alone been completed. At various times I lived with family members while researching or writing this work, and they all endured my stays with good cheer. Elaine Cascio sustained me more than I can ever say. She read various versions two or three times, proving that love has great patience. Her sharp editorial eye and common sense has made this a better book. Also this work has benefited from a number of suggestions from various people coerced into reading it. At different times both Phil Merkel and Denise Thompson read the entire manuscript with pen in hand and removed hundreds of convoluted constructions. Richard Fiesta and Candice Bredbenner pointed me to literatures and interpretations that enriched the work. Christopher Lee, Jean Lee, and Robert Stanley made suggestions about issues that proved especially useful in rethinking the work at a particularly critical stage. Christine Paquette suggested a number of changes that improved both the introduction and conclusion. Reid Mitchell performed a feat that few will equal: he read the work twice, each time making comments that bettered the book. William Harbaugh's observations aided the development of this work in its earliest stages. Joseph Kett, Edward Ayers, and Calvin Woodard closely read the manuscript and suggested paths to follow in making it into a book. Stanley Katz, Robert Wesser, and Lewis Bateman expressed strong faith in the project, keeping me on track during the vagaries of the publishing process. The far- reaching, lengthy, and constructive criticisms of the anonymous

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Richard Hamm examines prohibitionists' struggle for reform from the late nineteenth century to their great victory in securing passage of the Eighteenth Amendment. Because the prohibition movement was a quintessential reform effort, Hamm uses it as a case study to advance a general theory about the
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