Wednesday, August 19, 2026

Just Because Something Is A Law Doesn't Mean It's The Final Say. Two Historic Lessons We Need To Take A Lesson From

 

 

In the first two decades of the twentieth century progressivism was at its height. They fought for many reforms that were great things for our society: antitrust action, women's suffrage, direct democracy, better working conditions, safer food and drugs.

They also wanted to get rid of alcohol.

Its rarely talked about in the same breath as these reforms but during that period there was an odd alignment of religious leaders like Billy Sunday with politicians on both sides of the aisle to lead a campaign to ban alcohol. And they were incredibly good at it. By 1919 33 of the 48 states plus Alaska, D.C. and Puerto Rico were 'dry'.

At the same time they managed to invade both parties and after the 1916 election to make a movement for what was first known as 'wartime prohibition' even though it only took event in July of 1919, eight months after Armistice day.

As early as 1907 TR would write: "Everybody out to believe in temperance but the professional advocates of (it) tend towards a peculiarly annoying form of egoistic lunacy. But the 'Dry's were such a force that in 1917 both houses of Congress approved the Eighteenth Amendment or Prohibition by what amounted to supermajorities. Exactly one year and eight days later Nebraska became the 36th state to ratify it. On October 28 1919 Congress enacted what would be known as the Volstead Act to enforce it.  President Wilson, who never liked the act, vetoed it. Two hours later, Congress overrode it.

On January 17th 1920 William Jennings Bryan, one of the biggest leaders of the Temprance movement  quoted Matthew 2:200 "They are dead that sought the child's life! They are dead! They are dead!"

Needless to say the fact that it was now part of the Constitution that the drinking of alcohol was a crime didn't resolve the issue. Indeed if you've seen any movie or TV show about the 1920s you know that bootleggers, flappers, speakeasy patrons and most of the politicians who'd voted for the act in the first place were essentially ignoring it, even as the Justice Department enforced it with all of the effect of putting bandages on bullet holes.

It says a lot about how misguided this movement was that alcohol was on the right side of history for once. The main reason both political parties went along with it was it was an election year and both sides wanted the votes of the Dry's and the 'Wets' as of yet didn't have nearly enough political power to overcome it. The biggest fights over it came in the Democratic Party which at the time had its greatest strengths in rural America rather then the cities. Because Bryan was still such a force in the Democratic Party at the time that it was difficult to get around the dry part of it and as a result during the 1920 and 1924 conventions the party was so badly divided that its conventions took an immense amount of time because they couldn't agree on any part of the platform, much less who should represented. It took eight days and forty-four presidential ballots to agree on a Democratic ticket of Ohio Governor James W. Cox and the Assistant Secretary of the Navy Franklin Delano Roosevelt. They got hammered by the horribly flawed Warren G. Harding who received nearly 60 percent of the vote.

1924 put that to shame. It was already clear that Prohibition was becoming a disaster but the rural states led by Bryan refused to back away from their position and the Wet's led by Governor Al Smith of New York. The convention that year took place in Madison Square Garden but rather then provide home field advantage it was witness to the greatest show of political dysfunction on history. It took two weeks to finish the whole thing and Bryan was doing everything he could to force his vision on to everything. It took 103 ballots to come up with a candidate nobody even knew: John W. Davis and as a humiliation Charles Bryan, William's brother was Vice President. This led to an even bigger disaster for the Democrats that fall: as Calvin Coolidge won with 54 percent of the vote. Combined with third party candidate Robert LaFollette's progressive party, the Democrats received 28. 8 percent of the votes with over 70 percent of America voting against them.

That humiliation essentially killed the idea of temperance as part of the Democratic Party. Four years later Al Smith was nominated for President practically by acclimation. And while he lost in nearly as big a landslide to Hoover as his predecessors it was the first sign that the mantle of Prohibition political power was cracking.

Two weeks before FDR took office Congress adopted the Blaine Act proposing the 21st amendment. It took even less time for 36 states to ratify it then it had taken to ratify the 18th amendment: after just eight months Utah became the 36th state to put it into law. While part of it was no doubt in order to create new jobs because of the Great Depression in large part most of the country was tired of it.

Of course there were quite a few other states who never bought into it. South Carolina rejected it unanimously and North Carolina rejected it with 70 percent of a vote to consider it. Mississippi remained dried until August of 1966 when 19 of the counties chose to legalize alcohol.

Of course by that point most of the same kind of people who'd loathed the idea of alcohol leading to damnation were now concerned of another kind of threat which in their mind lowered the morality of the country. And that was happening because of a different kind of political movement.

I suspect I will get torn to pieces in some circles by comparing the temperance movement that led to Prohibition to the battle for civil rights. But the fact is both were movements that were based almost entirely on morality that would never have succeeded if there wasn't some kind of electoral arithmetic involved.

Its almost unheard of for someone who holds elected office of any kind to make a decision based entirely on the morality of the issue. And that holds true for political parties as well. Every decision that they campaign on is based on a kind of calculus: how many votes this position will earn me; how many votes this position will lose me. That is the reason why so many politicians use a lot of words to say nothing when running for office: they're trying to piss off as few people as possible and that's the easiest way to do it.

I suspect most elected officials in the 1910s had as little use for prohibition as many of them did for civil rights during the 1950s and early 1960s. But in both cases they were forced to take positions they opposed because the electorate thought otherwise and they wanted to hold on to power. In the latter case that same electoral arithmetic was in play and differed depending on what part of the country you were campaigning in as well as which party you were a part of.

And from 1948 to the early 1960s the calculus involved whether the votes of Northern African-American votes against the loss of Southern white votes. What was actually happening in states like Alabama and Mississippi by Martin Luther King and his followers was very much being done to convince those in Washington to try and influence enough northern politicians to outnumber the Southern ones who were blocking it.

The South had been a Democratic stronghold since Reconstruction precisely because it has embraced white supremacy. Not coincidentally the Republican Party had dominated politics at every level for the next seventy years with only 16 combined years of Democratic Presidents between 1860 and 1928 and Congress overwhelmingly in the hands of the Republicans. When FDR began his impressive electoral run the Southern votes became less important to the Democratic party then they'd been in the previous eighty years.

When Truman became president and started to cautiously embrace the Civil Rights movement, the South started to rebel first with the Dixiecrat movement in 1948 and then with more and more states going Republican under Eisenhower. By 1960 both parties would putting civil rights as part of their political platforms but they were still doing so by trying not to offend the South.

It's telling that it was mostly the actions of a Southern Democrat – Lyndon Johnson – that the civil right movement began to get legislation passed in Congress, first as Senate Majority Leader and then as President. Johnson was doing so as much for the South as he was for the black man. He genuinely believed in civil rights but he also knew, far better then Northern liberals like Hubert Humphrey, how much Southerners were adamant about any changes to their way of life. To Northerners, civil rights was more of a moral issue. To Southerners, it was a direct threat.

And LBJ knew exactly what was going to happen even as he signed the Civil Rights Act into law. "I think we just handed the South to the Republicans for a very long time," he said after doing so. And history has proven, sadly, that he was right.

Johnson understood politics better than almost any President in history and part of that was the understanding that just because something that has become a law on Monday will not make those who virulently opposed it embrace it on Tuesday. He had grown up during the era of Prohibition and he knew all too well that was the case. LBJ should be celebrated for doing the right thing – and for being fully aware of the political realities of that situation.

It's a lesson that so many of those who've embraced the left-wing causes in the decades to follow that have never realized.

 

In all the decades that have followed since then almost every minority group has managed to make enormous achievements when it comes to representation and legislation that has backed their cause. Yet each group has engaged in a kind of willful blindness that I can equate to both Prohibition and to an extent what followed in the aftermath of the legislation of the Civil Rights acts of the 1960s.

As we all know the Republican party and the conservative movement managed to seize electoral power starting in the 1968 election and in four of the next five Presidential elections to follow. In the 1990s they would take back both houses of Congress for the first time in 40 years and hold it for the next twelve. In the 21st century they've effectively held the House for eighteen of the 26 years so far this century and the Senate for twelve of them.

All of that power was based has its origins in the 'backlash' movement that came following the 1964 election. And it was felt not just in the South but in the industrial North and its suburbs as well as the Sun Belt.

In all the years since then the left has increasingly chosen to frame this as morally bankrupt and racist and there is some truth in this.  But it doesn't change the fact that both sides view politics and government completely differently and it has cost the cause of reform more extensively in my lifetime in ways the left refuses to acknowledge.

To the left and identity groups a piece of legislation backing the rights of an identity group is in their minds the end of the discussion. Once something has become the law of the land, it is carved in stone and the people who disagree with it have to shut up and take it. That many of their predecessors chose not to do so when segregation was the law of the land and that they continue to protest any law that they believe is wrong doesn't stop them from demanding their opponents take the laws they hold dear as doctrine.

And it's not like the reformers didn't know just how effectively the right could lead its forces. The last sustained battle for equality on a purely political level was the fight for the ERA during the 1970s.  When that battle was lost the left did what it always did and took the wrong lesson: they essentially walked away from the battlefield and ceded the ground to the right.

I hold my greatest contempt  for those who chose to abandon that fight. You knew all too well just how powerful the forces who opposed equality were when it came to achieving their goals. And yet rather then redouble your efforts you essentially abandoned all political methods to keep all of the rights you gained locked down. Basically you chose to argue: they wouldn't dare touch any of the existing laws.

And that was the dumbest possible thing you could have done having just gone through that battle. Did you really think that the conservative forces were going to accept the decision of Roe V. Wade as the final say on abortion? Or the Voting Rights Act the final say on African-American rights? Hell when the Obergfell decision came in, in your heart of hearts, did you truly think that the opposition who'd spent all their time opposed to gay marriage were just going to start flying rainbow flags in Tennessee and Mississippi?

I do have to admonish those in the 1960s who walked away with the job half done and then each generation of leftists that followed basically took such a dim view of politics that year after year you ceded more ground to the opposition based on the concept that 'they wouldn't dare do this." It proves the critical difference between how the left and the right view politics. The left views that their view is the only one that counts and that the opposition must surrender when a law is passed. Any dissenting opinion is dismissed as irrelevant. The right views the opposing forces as a source of political power and they will cater to them regardless of morality. You can't exactly pretend it hasn't worked out well for them.

The left has spent much of  this century arguing that the problem is the system and that wide scale reform is necessary to bring about the change we need. I will agree that campaign finance reform and term limits are good ideas but where I differ is that this would not solve the fundamental issue that past movements of reform have showed us. In order to get a cause passed into law – whether it is a horrible one such as Prohibition or a good one like civil rights – you have to convince those who hold office that it is worth their time to do so. The only way to do this is that your cause at a grass roots level has enough political power to overcome the calculus that elected officials must make when serving.  For the record that's also the only way you can change the system in the first place.

By and large the current generation of self-styled progressives have made it clear that it is the job of those in the system to make the reforms necessary without them personally getting involved at any level. They are proud about being anti-establishment, ignoring that you have to be part of the establishment – Congress or a state legislature – to bring about the changes you campaign on. They are just as willing to criticize Democrats as they are the Republicans as both being obstructions to the cause and since they are unwilling to form a third party that is separate from either that can bring about the change they need, they basically stand on the sidelines or on the fringes of the Democrats, judging those for not adapting a platform which they feel is correct but they don't have any political support to pass.

None are willing to take the battle to the grass roots level outside their own friendly confines of college campuses or in the deep blue districts they maintain residence in.  They look at the historical causes of reform which brought about so much of the equality today and rather than take lessons from it for a battle plan, they judge those who brought it about either for not having the values of today or for leaving the job half done.  They see no reason to learn anything from it, believing that history is on their side and it is the job of everyone else to get on board.

But history doesn't work that way. Both the Prohibitionists and those who worked for civil rights understood that you needed the overwhelming support of the people if you wanted your moral vision to become the law of the land. If in both cases they misjudged whether their vision would hold electorally then at least they understand how the game was played and what the rules were. Those who argue 'the game is rigged' deny  that they don't want to play the game by the rules that they're allowed to. And so they make a virtue of not playing it at all. That this leaves the field to people who clearly don't have these moral dilemmas and will keep rigging the game to make things worse for everyone else has done nothing to make them to even try to fight the battles that count..

Myself I'm very aware of how the game is played and how badly its rigged. But that's not an excuse to let the bad guys keeping changing the rules every time they get the dice. I know that there are ways to beat them at their own game but it's a long protracted one that's not going to be over in years or perhaps in my lifetime. But that's not an excuse to leave the field in a forfeit.

The battle for reform in a democracy is a game that never truly ends. It must be passed from generation to generation to keep them informed of how previous campaigns were won and what the rules are now. You have to know what strategies have failed and what you have to try in the next round. You have to know that the opposition is just as determined to beat you as you are to beat them. And you have to understand that if you refuse to play, it affects not just your teammates but your opposition and everyone else. It's not an easy battle and you will lose as often as you win. But you keep fighting and you learn from your mistakes.

Most of all you have to learn that your victories are only as permanent as you are willing to keep fighting for them. You let your guard down for a moment, the opposition will take advantage to tear it down. It may seem like we've been losing a lot of victories we gained in the past but they're only permanent if we allow the opposition to define the rules or to wear us down so that we surrender. And if you're willing to let that happen, then you're giving your opponents an edge they'll never relinquish.

The game isn't over. The bad guys haven't won anything yet. Learn from your mistakes and start playing again. Accept the rules and find a way to fight through them. Victory is still possible if you can accept how the system works and how to win within its confines.

Consider this another reminder from someone who followed the advice of a real Progressive and is spending his time getting in the arena himself this year.

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