The Blaine Act, formally titled Joint Resolution Proposing the Twenty-First Amendment to the United States Constitution, is a joint resolution adopted by the United States Congress on February 20, 1933, initiating repeal of the 18th Amendment to the United States Constitution, which established Prohibition in the United States. Repeal was finalized when the 21st Amendment to the Constitution was ratified by the required minimum number of states on December 5, 1933.
Initial activity in the 72nd Congress
The Volstead Act implemented the 18th Amendment (Prohibition). The act defined "intoxicating beverage" as one with 0.5 percent alcohol by weight. Numerous problems with enforcement and a desire to create jobs and raise tax revenue by legalizing beer, wine, and liquor led a majority of voters and members of Congress to turn against Prohibition by late 1932.
Political situation
thumb|left|Senator Hiram Bingham
When the first legislative session of the 72nd United States Congress opened on December 7, 1931, more than two dozen bills were offered amending the Volstead Act or repealing the 18th Amendment altogether. Republicans, who controlled both houses in the previous Congress, had previously been united in their support for Prohibition and, with the support of "dry" (pro-Prohibition) Democrats, easily garnered more than the two-thirds majority needed to block any vote on even the slightest easing of the Volstead Act. Now, however, 64 "wet" Republicans formed a caucus in the House of Representatives to work with Democrats (who had a slim majority after winning a number of special elections) to seek modification or repeal. The Democrats also changed the rules of the House, adopting a discharge petition procedure which would force a bill to the floor for a vote if 145 members requested it. Republican "wets" were able to win a minor victory on December 23, 1931, when they secured an agreement establishing a subcommittee of the Senate Judiciary Committee which would hold hearings regarding modification of the Volstead Act and repeal of the 18th Amendment. Senator John J. Blaine (R-Wisc.), a leader of the Senate's Republican "wets", Although the five-member subcommittee had a three-member "dry" majority, In response, a bipartisan caucus of "wets" decided to submit a plan to modify the 18th Amendment according to the recommendations issued in 1931 by the National Commission on Law Observance and Enforcement (the Wickersham Commission), a panel established by President Herbert Hoover to study law enforcement problems under Prohibition.
In the first direct vote on the issue since Prohibition began, the Senate rejected the Bingham repeal resolution, 55 to 15, on January 21, 1932. "Drys" hailed the vote as symbolic of the weakness of the repeal forces.
Wavering support for changing Prohibition
thumb|Senator John J. Blaine. A "wet" Republican, he was elected chair of a Judiciary Committee subcomittee, which he used to promote the modification or repeal of Prohibition and its enabling legislation.
"Wets" in Congress perceived that support for Prohibition was waning. A week after the defeat of the Bingham repeal proposal, House "wets" began drafting legislation to amend the Volstead Act to permit the manufacture of beer once more. Their goal was to force a vote before the session of Congress ended in July 1932. With only 34 "wet" votes in the Senate and 190 in the House, repeal lobbyists believed no action could be taken until after the November 1932 elections.
Congressional "wets" received a major boost on February 20 when a leading Democratic candidate for president, Franklin D. Roosevelt, announced he supported repeal of the 18th Amendment as a means of generating tax revenues for the federal government and states. Roosevelt's support for repeal boosted "wet" support in the House. On February 16, the House Judiciary Committee had voted 14-to-9 against the Beck-Linthicum resolution, which would have asked state legislatures to reaffirm or repeal the 18th Amendment. House "wets" then shocked political leaders in both sides on February 25 by obtaining 110 signatures on a discharge petition for the Beck-Linthicum resolution. The "wets" secured the required 145 signatures for discharge on March 1. The Beck-Linthicum resolution received 187 votes, resulting in the smallest majority "drys" had managed to muster since the start of Prohibition. House "wets", who considered the vote on Beck-Linthicum only a test of their growing strength, were thrilled by the vote.
The House test vote was encouraging to Senate "wets" as well. On March 19, Blaine's Judiciary subcommittee favorably reported a bill by Senator Bingham proposing the legalization of 4 percent beer. Surprisingly, the subcommittee report even called modification of the 18th Amendment useless. Three days later, a bipartisan group of 38 senators surprised the Senate by signing a letter demanding a vote to modify or repeal the 18th Amendment. The letter referred to four resolutions before Blaine's subcommittee.