terça-feira, janeiro 17, 2012

A Lei Seca americana começou há 92 anos

Detroit police inspecting equipment found in a clandestine underground brewery during the Prohibition era

Prohibition in the United States (sometimes referred to as the Noble Experiment) was a national ban on the sale, manufacture, and transportation of alcohol, in place from 1920 to 1933. The ban was mandated by the Eighteenth Amendment to the Constitution, and the Volstead Act set down the rules for enforcing the ban, as well as defining which "intoxicating liquors" were prohibited. Prohibition ended with the ratification of the Twenty-first Amendment, which repealed the Eighteenth Amendment, on December 5, 1933.

The Senate proposed the Eighteenth Amendment on December 18, 1917. Having been approved by 36 states, the 18th Amendment was ratified on January 16, 1919 and effected on January 17, 1920.
On November 18, 1918, before the ratification of the Eighteenth Amendment, the United States Congress passed the temporary Wartime Prohibition Act, which banned the sale of alcoholic beverages having an alcohol content of greater than 2.75%. (This act, which was intended to save grain for the war effort, was passed after the armistice was signed on November 11, 1918.) The Wartime Prohibition Act took effect June 30, 1919, and July 1, 1919 became widely known as the "Thirsty-First".
Congress passed the Volstead Act, the popular name for the National Prohibition Act, over President Woodrow Wilson's veto on October 28, 1919, and established the legal definition of intoxicating liquor, as well as penalties for producing it. Though the Volstead Act prohibited the sale of alcohol, the federal government did little to enforce it. By 1925, in New York City alone, there were anywhere from 30,000 to 100,000 speakeasy clubs.
While Prohibition was successful in reducing the amount of liquor consumed, it stimulated the proliferation of rampant underground, organized and widespread criminal activity. The bulk of America became disenchanted after the St. Valentine's Day massacre in 1929. Prohibition became increasingly unpopular during the Great Depression, especially in large cities.
On March 22, 1933, President Franklin Roosevelt signed into law an amendment to the Volstead Act known as the Cullen-Harrison Act, allowing the manufacture and sale of certain kinds of alcoholic beverages. On December 5, 1933, the ratification of the Twenty-first Amendment repealed the Eighteenth Amendment. However, United States federal law still prohibits the manufacture of distilled spirits without meeting numerous licensing requirements that make it impractical to produce spirits for personal beverage use.
 
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In the 1916 presidential election, both Democratic incumbent Woodrow Wilson and Republican candidate Charles Evans Hughes ignored the Prohibition issue, as was the case with both parties' political platforms. Democrats and Republicans had strong wet and dry factions, and the election was expected to be close, with neither candidate wanting to alienate any part of his political base.
In January 1917, the 65th Congress convened, in which the dries outnumbered the wets by 140 to 64 in the Democratic Party and 138 to 62 among Republicans. With America's declaration of war against Germany in April, German-Americans—a major force against prohibition—were sidelined and their protests subsequently ignored. In addition, a new justification for prohibition arose: prohibiting the production of alcoholic beverages would allow more resources—especially the grain that would otherwise be used to make alcohol—to be devoted to the war effort. While "war prohibition" was a spark for the movement, by the time Prohibition was enacted, the war was over.
A resolution calling for an amendment to accomplish nationwide Prohibition was introduced in Congress and passed by both houses in December 1917. By January 16, 1919, the Amendment had been ratified by thirty-six of the forty-eight states. On October 28, 1919, the amendment was implemented by the Volstead Act. Prohibition began on January 17, 1920, when the Eighteenth Amendment went into effect. A total of 1,520 Federal Prohibition agents (police) were given the task of enforcing the law.
Although it was highly controversial, Prohibition was widely supported by diverse groups. Progressives believed that it would improve society as generally did women, southerners, those living in rural areas and African-Americans. There were a few exceptions such as the Woman’s Organization for Prohibition Reform who fought against it. Will Rogers often joked about the southern pro-prohibitionists: "The South is dry and will vote dry. That is, everybody sober enough to stagger to the polls." Supporters of the Amendment soon became quite confident that it would not be repealed, to the point that one of its creators, Senator Morris Sheppard, joked that "there is as much chance of repealing the Eighteenth Amendment as there is for a humming-bird to fly to the planet Mars with the Washington Monument tied to its tail."
At the same time, songs emerged decrying the act; after Edward, Prince of Wales, returned to Britain following his 1919 tour of Canada, he recounted to his father, King George V, a ditty he'd heard at a border town:
Four and twenty Yankees, feeling very dry,
Went across the border to get a drink of rye.
When the rye was opened, the Yanks began to sing,
"God bless America, but God save the King!"
The issue of Prohibition became a highly controversial one among medical professionals, because alcohol was widely prescribed by physicians of the era for therapeutic purposes. Congress held hearings on the medicinal value of beer in 1921. Subsequently, physicians across the country lobbied for the repeal of Prohibition as it applied to medicinal liquors.
While the manufacture, sale and transport of alcohol was illegal in the U.S., Section 29 of the Volstead Act allowed the making at home of wine and cider from fruit (but not beer). Up to 200 gallons per year could be made, and some vineyards grew grapes for home use. Also, one anomaly of the Act as worded was that it did not actually prohibit the consumption of alcohol; many people actually stockpiled wines and liquors for their own use in the latter part of 1919 before sales of alcohol became illegal the following January.
Alcoholic drinks were not always illegal in all neighboring countries. Distilleries and breweries in Canada, Mexico, and the Caribbean flourished as their products were either consumed by visiting Americans or illegally imported to the U.S. The Detroit River, which forms part of the border with Canada, was notoriously difficult to control. Chicago became a haven for Prohibition dodgers during the time known as the Roaring Twenties. Many of Chicago's most notorious gangsters, including Al Capone and his enemy Bugs Moran, made millions of dollars through illegal alcohol sales. By the end of the decade Capone controlled all 10,000 speakeasies in Chicago and ruled the bootlegging business from Canada to Florida. Numerous other crimes, including theft and murder, were directly linked to criminal activities in Chicago and elsewhere in violation of prohibition.

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As Prohibition became increasingly unpopular, especially in the big cities, "Repeal" was eagerly anticipated. On March 23, 1933, President Franklin Roosevelt signed an amendment to the Volstead Act known as the Cullen-Harrison Act, allowing the manufacture and sale of "3.2 beer" (3.2% alcohol by weight, approximately 4% alcohol by volume) and light wines. The original Volstead Act had defined "intoxicating beverage" as one with greater than 0.5% alcohol. Upon signing the amendment, Roosevelt made his famous remark; "I think this would be a good time for a beer." The Cullen-Harrison Act became law on April 7, 1933, and on April 8, 1933, Anheuser-Busch, Inc. sent a team of Clydesdale horses to deliver a case of Budweiser to the White House. The Eighteenth Amendment was repealed on December 5, 1933 with ratification of the Twenty-first Amendment. Despite the efforts of Heber J. Grant and the LDS Church, a Utah convention helped ratify the 21st Amendment. While Utah can be considered the deciding 36th state to ratify the Amendment and make it law, the day Utah approved the Amendment, both Pennsylvania and Ohio approved it as well.
One of the main reasons why enforcement of prohibition did not proceed smoothly was the inefficient means of enforcing the laws set forth by the 18th amendment. From its very inception, the law lacked legitimacy in the eyes of the public who had previously been drinkers and yet completely law-abiding citizens. The public in some instances viewed the laws as being “arbitrary and unnecessary” and therefore were willing to breach them. Consequently, law enforcements agents who had not been bribed to turn a blind eye, found themselves overwhelmed by the dramatic rise in the illegal distribution of alcohol on such a wide scale due to the Volstead Act. The scale of the task was not anticipated and consequently the necessary resources to pursue it were not allocated. Additionally, enforcement of the 18th amendment lacked centralized authority and many attempts to impose prohibitionist laws were deterred due to the lack of transparency between federal and state authorities. Furthermore, the reality of American geography contributed significantly to the difficulties in enforcing prohibition. The terrain of valleys, mountains, lakes and swamps as well as the extensive seaways, ports and massive borders running along Canada and Mexico made it exceedingly difficult for prohibition agents to stop bootleggers given their lack of resources. Ultimately it was recognized with its repeal that the means by which the law was to be enforced was not pragmatic, and that in many cases the legislature did not match the general public opinion.
Prohibition was a major blow for the alcohol industry and repeal was therefore a step toward the amelioration of one sector of the economy. A perfect example for this is the case of St. Louis. The city had been one of the most important alcohol producers before prohibition started and was ready to take back its position as soon as possible. Its major brewery had "50,000 barrels" of beer ready to be sent since March 22. It was the first alcohol producer to refill the market, but others followed. This slowly allowed stores to obtain alcohol after, of course, having obtained a license. The restart of beer production allowed thousands of workers to find jobs again.
Prohibition created a black market that competed with the formal economy, which already was under pressure. Roosevelt was elected based on the New Deal, which promised improvement to the economy that was only possible if the formal economy competed successfully against various economic forces, including the effects of prohibition's black market. This influenced his support for ratifying the 21st amendment, which repealed the 18th amendment that had established prohibition.
The Twenty-first Amendment explicitly confirms the right of states to restrict or ban the purchase or sale of alcohol. This led to a patchwork of laws in which alcohol may be legally sold in some but not all towns or counties within a particular state. After repeal of the 18th amendment, some states continued to enforce prohibition laws. Mississippi, which had made alcohol illegal in 1907, was the last state to repeal Prohibition in 1966. Kansas did not allow sale of liquor "by the drink" (on-premises) until 1987. To the present day, there are still numerous "dry" counties and towns in America that restrict or prohibit liquor sales. Additionally, many tribal governments prohibit alcohol on Indian reservations. Federal law also prohibits alcohol on Indian reservations, although this law is currently only enforced if there is a concomitant violation of local tribal liquor laws. The federal law prohibiting alcohol in Indian country pre-dates the Eighteenth Amendment. No constitutional changes were necessary prior to the passage of this law, as Indian Reservations and federal territories have always been considered areas of direct federal jurisdiction.
At the end of Prohibition, some supporters openly admitted its failure. A letter written in 1932 by John D. Rockefeller, Jr., states:
When Prohibition was introduced, I hoped that it would be widely supported by public opinion and the day would soon come when the evil effects of alcohol would be recognized. I have slowly and reluctantly come to believe that this has not been the result. Instead, drinking has generally increased; the speakeasy has replaced the saloon; a vast army of lawbreakers has appeared; many of our best citizens have openly ignored Prohibition; respect for the law has been greatly lessened; and crime has increased to a level never seen before.
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Organized crime received a major boost from Prohibition. Mafia groups limited their activities to prostitution, gambling, and theft until 1920, when organized bootlegging manifested in response to the effect of Prohibition. A profitable, often violent, black market for alcohol flourished. Powerful gangs corrupted law enforcement agencies, leading to racketeering. In essence prohibition provided a financial basis for organized crime to flourish. Rather than reducing crime it seemed prohibition had transformed the cities into battlegrounds between opposing bootlegging gangs. In a study of over 30 major U.S cities during the prohibition years of 1920 and 1921, the number of crimes increased by 24%. Additionally, theft and burglaries increased by 9%, homicide by 12.7%, assaults and battery rose by 13%, drug addiction by 44.6% and police department costs rose by 11.4%. It has been speculated that this was largely the result of “black-market violence” as well as law enforcing resources having been diverted elsewhere. Despite the beliefs of the prohibitionist movement that by outlawing alcohol crime would surely be reduced, the reality was that the Volstead Act led to worse social conditions than were experienced prior to prohibition as demonstrated by more lethal forms of alcohol, increased crime rates, and the establishment of a black market dominated by criminal organizations.


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