18th Amendment: Prohibition
By Daniel Newville
After one year from ratification of this article, the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation there from the US and all territory subject to the jurisdiction there of for beverage purposes is hereby prohibited.
Court Case: Hawke v. Smith
The court case was called Hawke v. Smith. The Ohio General Assembly was one on the 36 states to ratify the amendment. Harvey Smith began to print & issue ballots for the referendum. George Hawke challenged the validity of the amendment & sought smith to stop issuing the ballots. He stated it conflicted with the 5th amendment. The Supreme Court ruled that Ohio's referendum provision conflicted with the 5th amendment . The Supreme Court had it reversed.The 18th amendment was later repealed.
On June 30, 1923, 2 men were walking down the street trying to sell beer, wine, etc. A police man was patrolling the area, and thought they looked suspicious. The Police officer asked if he could do a search for alcoholic beverages, but the men did not cooperate. The Police Officer saw a bottle of liquor fall out of the man's back pocket and he arrested the two men, but they claimed their first amendment was being violated. The case was taken to court and they won the case. They gave them a warning about the liquor and let them go with a fine of $200.
1. "HAWKE v. SMITH." Hawke v. Smith. N.p., n.d. Web. 10 Dec. 2014.
2. Joyce Oldham.Appleby - Glencoe/McGraw-Hill - 2003