Ludlow Amendment
Encyclopedia
The Ludlow Amendment was a proposed amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...

 to the Constitution of the United States
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

 which called for a national referendum
War referendum
A War referendum is a type of referendum in which citizens decide whether a nation should go to war.The earliest idea of a war referendum came from Marquis de Condorcet in 1793 and Immanuel Kant in 1795....

 on any declaration of war
Declaration of war
A declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...

 by Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

, except in cases when the United States had been attacked first. Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 Louis Ludlow
Louis Ludlow
Louis Leon Ludlow was a Democratic Indiana congressman; he proposed a constitutional amendment early in 1938 requiring a national referendum on any U.S. declaration of war except in cases of direct attack...

 (D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

-Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...

) introduced the amendment several times between 1935 and 1940. Supporters argued that ordinary people, who were called upon to fight and die during wartime, should have a direct vote on their country's involvement in military conflicts.

History of concept

The idea of a national referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...

 on any declaration of war was first suggested in 1914, and was supported by such notable politicians as three-time Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 presidential candidate William Jennings Bryan
William Jennings Bryan
William Jennings Bryan was an American politician in the late-19th and early-20th centuries. He was a dominant force in the liberal wing of the Democratic Party, standing three times as its candidate for President of the United States...

 and United States Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 Robert M. La Follette, Sr.
Robert M. La Follette, Sr.
Robert Marion "Fighting Bob" La Follette, Sr. , was an American Republican politician. He served as a member of the U.S. House of Representatives, was the Governor of Wisconsin, and was also a U.S. Senator from Wisconsin...

 and Thomas P. Gore In the 1924 election campaign
United States presidential election, 1924
The United States presidential election of 1924 was won by incumbent President Calvin Coolidge, the Republican candidate.Coolidge was vice-president under Warren G. Harding and became president in 1923 when Harding died in office. Coolidge was given credit for a booming economy at home and no...

, both the Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 and Progressive
Progressive Party (United States, 1924)
The Progressive Party of 1924 was a new party created as a vehicle for Robert M. La Follette, Sr. to run for president in the 1924 election. It did not run candidates for other offices, and it disappeared after the election except in Wisconsin. Its name resembles the 1912 Progressive Party, which...

 party platforms endorsed the idea of a popular vote on war, "except in case of actual attack" (Democrats) or "except in case of actual invasion" (Progressives).

Public support and opposition

Public support for the amendment was very robust through the 1930s, a period when isolationism was the prevailing mood in the United States, but began to erode as the situation in Europe deteriorated at the end of the decade. A Gallup survey in September 1935 showed that 75% of Americans supported the amendment; the approval rate was 71% in 1936, and 73% in 1937. In January 1938, when it was voted on in Congress, 68% of the US population still supported the amendment. But by March 1939, support had dropped to 61%; and six months later, following the German invasion of Poland
Invasion of Poland (1939)
The Invasion of Poland, also known as the September Campaign or 1939 Defensive War in Poland and the Poland Campaign in Germany, was an invasion of Poland by Germany, the Soviet Union, and a small Slovak contingent that marked the start of World War II in Europe...

, support for the amendment dropped to 51%. In addition, Good Housekeeping
Good Housekeeping
Good Housekeeping is a women's magazine owned by the Hearst Corporation, featuring articles about women's interests, product testing by The Good Housekeeping Institute, recipes, diet, health as well as literary articles. It is well known for the "Good Housekeeping Seal," popularly known as the...

magazine, the National Council for Prevention of War, and Roger Nash Baldwin
Roger Nash Baldwin
Roger Nash Baldwin was one of the founders of the American Civil Liberties Union . He served as executive director of the ACLU until 1950....

, president of the ACLU
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...

, endorsed the amendment.

Others also opposed the amendment. Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....

 Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 Arthur H. Vandenberg
Arthur H. Vandenberg
Arthur Hendrick Vandenberg was a Republican Senator from the U.S. state of Michigan who participated in the creation of the United Nations.-Early life and family:...

, who was normally an isolationist, argued that the amendment "would be as sensible to require a town meeting before permitting the fire department to face a blaze". Author Walter Lippmann
Walter Lippmann
Walter Lippmann was an American intellectual, writer, reporter, and political commentator famous for being among the first to introduce the concept of Cold War...

 argued that the amendment would make "preventive diplomacy" impossible and would insure "that finally, when the provocation has become intolerable, there would be no remedy except total war
Total war
Total war is a war in which a belligerent engages in the complete mobilization of fully available resources and population.In the mid-19th century, "total war" was identified by scholars as a separate class of warfare...

 fought when we were at the greatest possible disadvantage." Protestant theologian Reinhold Niebuhr
Reinhold Niebuhr
Karl Paul Reinhold Niebuhr was an American theologian and commentator on public affairs. Starting as a leftist minister in the 1920s indebted to theological liberalism, he shifted to the new Neo-Orthodox theology in the 1930s, explaining how the sin of pride created evil in the world...

 opposed the amendment stating that war was a policy area where pure democracy was most pernicious.

Panay incident and 1938 congressional vote

Congressional debate on the amendment was prompted by the December 12, 1937 bombing of the USS Panay
Panay incident
The USS Panay Incident was a Japanese attack on the American gunboat while she was anchored in the Yangtze River outside Nanking , China on December 12, 1937. Japan and the United States were not at war at the time. The Japanese claimed that they did not see the American flags painted on the deck...

 by Japanese
Empire of Japan
The Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...

 warplanes. The Panay
USS Panay (PR-5)
|-External links:* * *...

, a gunboat
Gunboat
A gunboat is a naval watercraft designed for the express purpose of carrying one or more guns to bombard coastal targets, as opposed to those military craft designed for naval warfare, or for ferrying troops or supplies.-History:...

, was anchored in the Yangtze River
Yangtze River
The Yangtze, Yangzi or Cháng Jiāng is the longest river in Asia, and the third-longest in the world. It flows for from the glaciers on the Tibetan Plateau in Qinghai eastward across southwest, central and eastern China before emptying into the East China Sea at Shanghai. It is also one of the...

 near Nanjing
Nanjing
' is the capital of Jiangsu province in China and has a prominent place in Chinese history and culture, having been the capital of China on several occasions...

, China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...

 and flying the American flag. President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...

 discussed with his cabinet and the military high command the possibility of economic or military retaliation against Japan. Roosevelt drew back, however, when he realized that there was no public outcry for retaliation, and that, in fact, peace sentiment in the country had actually strengthened. "We should learn that it is about time for us to mind our own business," Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 Democrat Maury Maverick
Maury Maverick
Fontaine Maury Maverick was a Democratic member of the United States House of Representatives from Texas from January 3, 1935, to January 3, 1939. He is best remembered for his independence from the party and for coining the term "gobbledygook" for obscure and euphemistic bureaucratic language...

 declared in the House of Representatives. Two days after the Panay was sunk, Congress took up the Ludlow amendment.
The Roosevelt administration attempted to keep the bill in the House Judiciary Committee
United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...

, where it had been buried since Ludlow introduced the amendment in 1935; but at the end of 1937 the amendment got enough congressional support, including the signatures of nearly half the Democrats in the House, for a House vote on a discharge petition
Discharge petition
A discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from a Committee and usually without cooperation of the leadership. Discharge petitions are most often associated with the U.S. House of Representatives, though many state...

 designed to permit debate on the proposed amendment.

The amendment came closest to overcoming a discharge petition
Discharge petition
A discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from a Committee and usually without cooperation of the leadership. Discharge petitions are most often associated with the U.S. House of Representatives, though many state...

 on January 10, 1938, when it was defeated in Congress by a vote of 209 to 188. The difference in votes was provided by Postmaster General James Farley
James Farley
James Aloysius Farley was the first Irish Catholic politician in American history to achieve success on a national level, serving as Chairman of the New York State Democratic Committee, Chairman of the Democratic National Committee and as Postmaster General simultaneously under the first two...

, who Roosevelt asked to sway the votes of the Irish Congressman who were isolationists. Despite Roosevelt's fears, this vote was far short of the two-thirds majority required by both houses of Congress (290 in the House) for later passage of a constitutional amendment.

Before the discharge petition
Discharge petition
A discharge petition is a means of bringing a bill out of committee and to the floor for consideration without a report from a Committee and usually without cooperation of the leadership. Discharge petitions are most often associated with the U.S. House of Representatives, though many state...

 vote, speaker of the House William B. Bankhead
William B. Bankhead
William Brockman Bankhead was an American politician from Alabama who served as U.S. Representative and Speaker of the House. He was a Democrat. Bankhead was a prominent supporter of President Franklin Roosevelt's New Deal of pro-labor union legislation, thus clashing with most other southern...

 read a letter written by President Roosevelt:

Subsequent proposals

In his 1993 book War and Responsibility: Constitutional Lessons of Vietnam
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...

 and its Aftermath
, noted constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

 scholar John Hart Ely
John Hart Ely
John Hart Ely is one of the most widely-cited legal scholars in United States history, ranking just after Richard Posner, Ronald Dworkin, and Oliver Wendell Holmes, Jr., according to a 2000 study in the University of Chicago's Journal of Legal Studies.-Biography:Born in New York City, John Hart...

 made a proposal that "[brought] back memories" of the Ludlow Amendment, writing that, when initiating military action, "even notice to the entire Congress is insufficient to satisfy the constitutional requirement: We the people are part of the process too."

Text of proposed amendment

SEC. 1. Except in the event of an invasion of the United States or its Territorial possessions and attack upon its citizens residing therein, the authority of Congress to declare war shall not become effective until confirmed by a majority of all votes cast thereon in a Nation-wide referendum. Congress, when it deems a national crisis to exist, may by concurrent resolution refer the question of war or peace to the citizens of the States, the question to be voted on being, Shall the United States declare war on ________? Congress may otherwise by law provide for the enforcement of this section.

SEC. 2. Whenever war is declared the President shall immediately conscript and take for use by the Government all the public and private war properties, yards, factories, and supplies, together with employees necessary for their operation, fixing the compensation for private properties temporarily employed for the war period at a rate not in excess of 4 percent based on tax values assessed in the year preceding the war.

Quotations

Congressman Ludlow:

See also

  • Amendments to the United States Constitution
  • Nye Committee
    Nye Committee
    The Nye Committee, officially known as the Special Committee on Investigation of the Munitions Industry, was a committee of the United States Senate which studied the causes of United States' involvement in World War I...

  • War referendum
    War referendum
    A War referendum is a type of referendum in which citizens decide whether a nation should go to war.The earliest idea of a war referendum came from Marquis de Condorcet in 1793 and Immanuel Kant in 1795....

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