Widgets Magazine
MIGHTY HISTORY

This insane law would force everyone who wanted a war to go fight it

In 1916, the people of the United States were not feeling good about the rest of the world. President Woodrow Wilson easily won re-election on the slogan, "He kept us out of war" as World War I raged on in Europe and elsewhere. The Mexican Revolution threatened to pull the United States back into conflict in the American Southwest. On top of all that, the U.S. military was a conscripted, third-rate power; a far cry from the professional, all-volunteer force that we enjoy today.

But it was almost an Army comprised only of those who wanted to go to war in the first place.


Five months after his inauguration, we were at war. Just sayin'.

The Constitution of the United States says only that the U.S. Congress can declare a state of war. There are no formal rules for how and when the Congress can do so, only that they can. In one instance, the President signed the legislation for war, and in others, it simply passed as a resolution. In 1916, the Congress had only declared war three times: against Britain in 1812, Mexico in 1848, and against Spain in 1898. The American people were not looking forward to a potential war in Europe, no matter who was on the other side.

Especially a concerned group of citizens from Nebraska, who created legislation that would change how the United States declared war – and who would fight it.

"Get in, loser. We're going to liberate Belgium."

This proposed amendment to the Constitution outlined the process of declaring war as a national referendum, a direct vote by American citizens, where the majority would decide if the country was going to war or not. If the war referendum passed, all those who voted in favor of the war would be enlisted to fight that war.

Folks in Nebraska were surprised by how much popular support their proposed amendment received. The petition to submit the amendment to Congress had so many signatures, scraps of paper had to be added after the fact to ensure they all ended up on the document. While deciding who fights a war is very important, declaring a state of war comes with many automatic legal triggers, many of which have likely kept Congress from declaring war in the past few decades. An official state of war has not been declared since World War II.

That face you make when you can still use the Tonkin Gulf Resolution to bomb Southeast Asia.

While the rules for how the United States conducts itself in a declared war versus an undeclared use of military force vary greatly, the rules for who fights the wars do not. All American male citizens are required to register for Selective Service at age 18, but the draft has not been used as a means of military recruiting since 1973, and was finally ended by President Gerald Ford in 1975. Ever since, the U.S military has been an all-volunteer force.

The question that has come out of the formation of an all-volunteer military in the past few years is one of disproportionate representation. If only certain segments of the American population have to fight the wars of the future, is it easier for a political class to launch unnecessary wars if they don't have to be personally affected by its manpower needs? Those Nebraskans might have had a good point.