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Richard F. Hamm - Shaping the Eighteenth Amendment: temperance reform, legal culture, and the polity, 1880-1920

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    Shaping the Eighteenth Amendment: temperance reform, legal culture, and the polity, 1880-1920
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Shaping the Eighteenth Amendment: temperance reform, legal culture, and the polity, 1880-1920: summary, description and annotation

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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 interaction between reformers and the state during the Gilded Age and Progressive Era. Most scholarship on prohibition focuses on its social context, but Hamm explores how the regulation of commerce and the federal tax structure molded the drys crusade. Federalism gave the drys a restricted setting--individual states--as a proving ground for their proposals. But federal policies precipitated a series of crises in the states that the drys strove to overcome. According to Hamm, interaction with the federal government system helped to reshape prohibitionists legal culture--that is, their ideas about what law was and how it could be used.

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title Shaping the Eighteenth Amendment Temperance Reform Legal Culture - photo 1

title:Shaping the Eighteenth Amendment : 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
subjectProhibition--United States--History, Liquor laws--United States--History, Temperance--United States--History, United States.--Constitution.--18th Amendment--History.
publication date:1995
lcc:KF3919.H35 1995eb
ddc:344.73/0541
subject:Prohibition--United States--History, Liquor laws--United States--History, Temperance--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
34473'0541 --dc20
[347304541]
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
1
The Radical Prohibition Movement and the Liquor Industry,
19
2
Liquor and Interstate Commerce: Court and Congress,
56
3
The Federal Liquor Tax and the Radical Prohibitionists,
92
PART 2. PRAGMATISTS AND THE POLITY
4
The Transformation of Prohibitionist Means,
123
5
The Liquor Tax and the Pragmatic Prohibitionists,
155
6
Interstate Commerce, Pragmatic Prohibitionists, and Federal Power in the Progressive Era,
175
7
Commerce, Pragmatic Prohibitionists, and Congress,
203
8
A Dry Nation,
227
Conclusion: The Relationship of the Polity to Reforms and the Legacy of Concurrent Power during National Prohibition,
256
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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