Ludlow Amendment Passes

[Super_Cool]

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.

This was brought up in the 1930s, and had support of a majority of the American people.

WWII would go on as planned, because Japan invaded the Philippines, which was a territorial possession, and Hitler would subsequently declare war. But what happens in the Cold War?

[Dathi THorfinnsson]

This was brought up in the 1930s, and had support of a majority of the American people.

WWII would go on as planned, because Japan invaded the Philippines, which was a territorial possession, and Hitler would subsequently declare war. But what happens in the Cold War?

Probably not much. How many times has the US actually DECLARED war after WWII? Not in Korea, not in Vietnam.

[OAM47]

Perhaps an unintended side effect would be more DoWs, as people would push for it to be on the ballet, and who knows, some might actualy pass.

[Super_Cool]

Probably not much. How many times has the US actually DECLARED war after WWII? Not in Korea, not in Vietnam.


True, but I think there would be more civil unrest if the government chose to go somewhere without seeking public approval.

It also really depends on how the Supreme Court interprets the amendment, since its bound to be brought there. If they determine "police action" to be the equivalent of war, interventions in the world without a referendum could be unconstitutional.

[Seryozha1987]

The Gulf of Tonkin Resolution really clinched the deal for America in that whole "we don't have to declare war, period, to invade you" thing. If this had passed, something similar to Tonkin would have allowed Congress to get away with it. Anyone who closely looks at Congressional history knows that no matter what law it is, Congress will find a way around it. (Like Kerry's ability to get paid when he's not on the Hill, despite the criminal charges associated with such action.)

[TheSevenLeggedFallyDowner]

A more interesting question would be: What if there were no such thing as police actions and congress had to declare war everytime troops were deployed to combat situations? We'd end up with a lot of heated political battles if the U.S. had to officially declare war against North Korea, North Veitnam, Iraq (twice), Bosnia, Afgahnistan, etc.. Plus it would avoid these "authorization to use force" cop-outs that Congress passes now. I don't know if any significant history would be changed though.

[AirshipArmada]

WWII would go on as planned, because Japan invaded the Philippines, which was a territorial possession, and Hitler would subsequently declare war. But what happens in the Cold War?


If Japan thought the Ludlow Admentment was strong, then they may not have attacked the Philippines or Peal Harbor. Germans may have been more hesitant to attack US shipping. WWII may not have gone on as planned.

[AmIndHistoryAuthor]

The Gulf of Tonkin Resolution really clinched the deal for America in that whole "we don't have to declare war, period, to invade you" thing. If this had passed, something similar to Tonkin would have allowed Congress to get away with it. Anyone who closely looks at Congressional history knows that no matter what law it is, Congress will find a way around it. (Like Kerry's ability to get paid when he's not on the Hill, despite the criminal charges associated with such action.)

Explain please.