The Rise and Fall of Prohibition: The Human Side of What the Eighteenth Amendment and the Volstead Act Have Done to the United StatesTowne, Charles Hanson
History
The Rise and Fall of Prohibition: The Human Side of What the Eighteenth Amendment and the Volstead Act Have Done to the United States
Towne, Charles Hanson
Prohibition -- United States; United States. Constitution. 18th Amendment
“A letter writer to a newspaper says, ‘If it is true that a community
gets the kind of government it deserves, it is equally true that a
law gets the kind of obedience it deserves.’ His assertion may be
disputed, but still, if the Volstead law is not being respected, is
it certain that it deserves respect? It is a law in the process of
being tried out. If it is good we want it enforced. If it is bad we
want it amended, but we do not want to be choked off from discussing
it or testing it. There is no power in Congress to say what is right
or wrong. The most that Congress can do is to say what is lawful or
unlawful. The distinction is important. The practical judge of whether
a law is right or wrong is the general community to which the law
applies. If that community will not back up the enforcement of the
law, it will not be enforced. It is yet to be demonstrated how far
the Volstead law, as it stands, is enforceable. If its fruits do not
please a majority of the people who live under it, it may have to be
modified so that it will stand for something that is near enough to be
the popular judgment of what is right to win popular support. There
is a great deal of good in the present Prohibition movement. It put
the saloons out of business. It checked the brewers and distillers in
their over-strenuous efforts to sell their products. It accomplished
benefits which probably could not have been accomplished except by the
kind of clean sweep that the amendment was. But it was necessarily a
rough job--an experiment to be tried out in practice. If its rules need
modification, they may get it or they may not, but if not, they may be
practically modified in enforcement.
“Who is boss in this country? Is it the President, the Senate, the
House, the Supreme Court, the state authorities, the newspapers, the
lawyers, the ministers, the doctors, or possibly the women?
“None of them! Public opinion is the boss. In the long run, what public
opinion demands it gets. Laws to be of any worth have to have sanction.
That is, there must be something to make people who violate them feel
that they are doing wrong. The laws of nature have abundant sanction.
If you fool with the law of gravitation, you get bumped. There is no
trouble about the enforcement of the law of gravitation. Nobody goes
around begging you not to ridicule it. It takes care of itself, and
if you flout it you pay the consequences. The Ten Commandments have
a sanction of long experience. Some of them are obsolete, but the
others are respected, and, though they are not directly enforced by the
courts, laws based on them are so enforced. Public opinion hereabouts
rests very considerably on the Ten Commandments. They have shaped the
habits of thought and deportment of many millions of people, including
most of those now living in this country.
Public-domain text, read in full here on John Shaqi.
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