The Constitution, the War Power, and the Ludlow Amendment
from The Water's Edge
from The Water's Edge

The Constitution, the War Power, and the Ludlow Amendment

Rep. Louis Ludlow appealed for approval of a constitutional amendment requiring a referendum on participation in a foreign war.
Rep. Louis Ludlow appealed for approval of a constitutional amendment requiring a referendum on participation in a foreign war. Harris & Ewing/Courtesy Library of Congress

Congress once considered a proposal to require a national referendum on any congressional declaration of war. 

January 10, 2026 11:50 am (EST)

Rep. Louis Ludlow appealed for approval of a constitutional amendment requiring a referendum on participation in a foreign war.
Rep. Louis Ludlow appealed for approval of a constitutional amendment requiring a referendum on participation in a foreign war. Harris & Ewing/Courtesy Library of Congress
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American history is rife with examples of bad policy ideas capturing the public imagination. Prohibition is the poster child for this malady. Today marks the anniversary of a House vote on one such harebrained foreign policy idea—the Ludlow Amendment

Never heard of the Ludlow Amendment? It was a bill to amend the U.S. Constitution to require a national referendum to confirm any congressional declaration of war. No referendum would be necessary, however, if the United States had already been attacked. 

The Ludlow Amendment resonated with the public. The Gallup Poll, then in its infancy, found that three-quarters of Americans supported it. Part of the appeal was its populist premise: those who have to fight and possibly die in war should have a direct say in whether a war should be fought at all. 

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The amendment’s popularity also reflected the public’s isolationist mood  Americans saw storm clouds gathering in Europe and wanted no part of another world war. Supporters believed that Ludlow’s amendment would, as he put it, do more to “keep American boys out of slaughter pens in foreign countries than any other measure that could be passed.” 

President Franklin Delano Roosevelt's allies on Capitol Hill kept the Ludlow Amendment bottled up in committee for several years. On January 10, 1938, however, supporters finally forced a vote to bring the bill to the floor.  After FDR issued a personal message asking House members to vote no and his allies called in a few favors, the motion lost 209 to 188.  Although 188 votes is a sizable number, it is far short of the two-thirds majority (290 votes) the Constitution requires for constitutional amendments. The push to enact the Ludlow Amendment was essentially dead. 

It is hard to exaggerate how bad an idea the Ludlow Amendment was (and is). Sen. Arthur H. Vandenberg, a leading isolationist voice before World War II who became a leading internationalist voice after World War II, probably put the problem best when he said it "would be as sensible to require a town meeting before permitting the fire department to face a blaze." 

Nor would the Ludlow Amendment have necessarily slowed the march to war as much as its supporters presumed, even if an expansive view of the president’s authority to order the use of force had not taken root after World War II. American history is littered with examples of popular passions spurring the country toward war rather than holding it back. The “war hawks” pushed James Madison into the War of 1812. Grover Cleveland beat back jingoes urging war with Spain in the 1890s; his successor, William McKinley, ultimately yielded to those demands. With his own secretary of war saying that “Congress will declare a war in spite of him,” McKinley declined to request a declaration of war and instead, in April 1898, turned the “solemn responsibility” of deciding what to do over to Congress. Congress voted for war. Woodrow Wilson faced similar pressures before asking Congress in April 1917 to declare war on Germany. Had the Ludlow Amendment been in place in 1965 or 2003, the United States likely still would have gone to war in Vietnam and invaded Iraq. 

All of this raises a question: What is the foreign policy idea we are currently taking seriously that future generations of Americans will mock as harebrained? 

More on:

United States

America at 250

Political History and Theory

Politics and Government

Polls and Public Opinion

 

The United States celebrates its 250th anniversary in 2026. To mark that milestone, I am resurfacing essays I have written over the years about major events in U.S. foreign policy. A version of the essay below was published on January 10, 2011

 

Oscar Berry assisted in the preparation of this post.  

 

 

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