Prohibition, Police Militarization, and the Domestic Use of Military Force

Prohibition, Alcohol Enforcement, and the Volstead Act

• Legal Misconceptions of Prohibition:

  • The Volstead Act specifically outlawed the manufacturing, selling, and distribution of alcohol.
  • It was not illegal to possess or consume alcohol during Prohibition provided it had been purchased and stored prior to the act; individuals were legally allowed to retain and drink bottles stored in their cellars.

• Economic Scale of the Alcohol Industry:

  • Prior to Prohibition, the manufacturing, distribution, and sale of alcohol generated approximately $3,500,000,000$ in the United States.
  • Due to the immense financial incentives, suppliers and distributors refused to forfeit the trade, leading to widespread illegal production.
  • Prominent political families built their fortunes during this era; for example, John Kennedy's father acquired his wealth by acting as a rum-runner, smuggling rum from Ireland during Prohibition.

• Parallels to the Modern War on Drugs:

  • The structural economic dynamics of Prohibition directly mirror the contemporary War on Drugs.
  • Banning a lucrative substance does not eliminate consumer demand; instead, it creates a high-profit illicit market where illicit manufacturers and distributors violently resist government law enforcement.
  • Federal law enforcement attempts to dismantle illicit production (such as busting alcohol stills or raiding manufacturing operations) predictably lead to violent retaliation by organized criminal networks.

The Escalation of Law Enforcement Arms and Tactics

• Disparity in Firepower and Mobility in the 1920s and 1930s:

  • During the Great Depression era, bank robbers and organized criminal syndicates outmatched local law enforcement in both weaponry and transportation.
  • Clyde (of Bonnie and Clyde) preferred the BAR (Browning Automatic Rifle), a heavy-caliber rifle with rapid-fire capabilities and massive firepower.
  • Other high-profile criminals of the era, including Machine Gun Kelly and Pretty Boy Floyd, utilized automatic machine guns and military-grade weaponry.
  • Clyde routinely stole high-performance vehicles, such as eight-cylinder Fords, allowing him to easily outrun law enforcement.
  • Local police forces were severely under-equipped, typically armed only with $.38$ caliber revolvers (or $.38$ snub-nosed pistols) and driving low-powered, four-cylinder "tin lizzies."

• Militarization of Police Training and Procurement:

  • Faced with severe tactical disadvantages, local law enforcement agencies were forced to acquire heavier weaponry, better vehicles, and military-style tactical training.
  • Because conventional police agencies lacked experience in machine-gun assault tactics, municipal departments turned to the active-duty military (the U.S. Army and the U.S. Marine Corps) to train police officers on how to assault armed suspects.
  • This dynamic established the baseline for a heavily armed, militarily trained domestic police force.
  • Modern drug enforcement continues this military model; for instance, the U.S. Navy utilizes highly expensive military hardware, such as firing Rocket Sixteens from naval vessels, to destroy cocaine-smuggling spin boats in open waters.

World War II Interruption and Post-War Resurgence

• Impact of World War II (December 1941):

  • The United States entry into World War II following the attack on Pearl Harbor in December 1941 effectively ended the Great Depression.
  • Industrial manufacturing of war materiel for European allies over the preceding year had already revived the domestic economy, providing widespread lawful employment.
  • Heavily armed gang activity and bank robberies declined sharply as economic necessity diminished and a large military draft drew young men into active service.
  • Domestic police temporarily reverted to traditional, non-militarized police practices centered around $.38$ caliber revolvers and standard patrol vehicles.

• Re-Militarization in the 1960s:

  • During the 1960s, widespread illicit drug use, civil rights protests, and major urban riots caused police departments to feel outgunned and overwhelmed once again.
  • Law enforcement initiated a renewed cycle of tactical militarization and heavy re-armament that has continued uninterrupted into the modern era.

• Legal Restrictions on Domestic Military Usage:

  • American legal and political traditions maintain a strong prohibition against using the active military as a domestic police force.
  • The Posse Comitatus Act explicitly forbids active-duty military personnel from engaging in domestic law enforcement duties.
  • This distinction stems from historical European models (such as in the 1100s, 1200s, and 1300s), where monarchs used standing armies to enforce domestic order.
  • Military forces are fundamentally structured, equipped, and trained to kill targets and destroy property rather than carry out civilian constitutional law enforcement.

The Bonus March of 1935

• Origins and Economic Context:

  • Following World War I, the United States government promised service veterans a financial bonus payout, scheduled to be distributed $20$ years after the war.
  • As the Great Depression intensified, unemployed and impoverished veterans demanded immediate payment of their bonuses rather than waiting out the remaining $8$ to $10$ years.
  • When the federal government refused, claiming a lack of available funds, thousands of World War I veterans organized a mass protest in Washington, D.C.
  • In 1935, thousands of veterans established a temporary encampment consisting of tents, lean-tos, and cardboard shanties in a large park located directly across Pennsylvania Avenue from the White House.

• Government Retaliation and Fears of Insurrection:

  • President Herbert Hoover viewed the assembly of trained military veterans through the historical lens of the Bolshevik Revolution in Russia, which had occurred only $17$ years prior (1917).
  • Hoover feared that the veteran encampment represented an impending armed revolution intended to overthrow the United States government.
  • The local Washington, D.C. civilian police force was exceptionally small—comprising roughly six active duty officers at the time—and was outnumbered by the veterans by more than $100\text{ to }1$.
  • President Hoover summoned active-duty military forces commanded by General Douglas MacArthur, accompanied by his two primary adjutants, Dwight David Eisenhower and George Patton.

The Military Assault on the Bonus Army Encampment

• Execution of the Attack:

  • President Hoover’s explicit instructions were simply to secure Pennsylvania Avenue and prevent the veterans from crossing onto the White House grounds.
  • General Douglas MacArthur ignored these limited boundaries and ordered regular Army troops to fix bayonets and charge the protesting veterans.
  • Assuming the active-duty soldiers were allies, the World War I veterans initially welcomed their arrival before the troops launched a full bayonet assault.
  • Military forces drove the veterans back into the park, set fire to their lean-tos and cardboard shanties, destroyed the camp, beat numerous protesters, and killed several veterans.

• Public Backlash and Political Consequences:

  • Press journalists and news photographers documented the violence, circulating photos and reports of the assault to the nationwide public.
  • The spectacle of the federal government deploying active-duty military force against impoverished war veterans sparked severe national outrage.
  • Historians identify Hoover's violent suppression of the Bonus March—rather than the economic impact of the Great Depression alone—as the primary factor that destroyed his public standing and caused his political defeat to Franklin D. Roosevelt in the 1936 presidential election.

• Subsequent Legal Milestones:

  • The precedent established by domestic military deployments directly influenced later constitutional and state actions, including the landmark 1954 Supreme Court ruling in Brown v. Board of Education.