Theodore Roosevelt Draws the Line Between the Constitution, Free Speech, and Patriotism

“The clause of the Constitution...has reference of course only to holding you legally responsible for what you say in the House, and of course has nothing to do with the opinions your constituents or others form from your speech...as to your fitness to.

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On April 6, 1917, President Wilson asked Congress for a declaration of war against Germany. Roosevelt had long advocated American entry into the war, and he was as fierce an advocate as the war had. The vote in Congress was 455 in favor to 56 against; one of the Republican to vote...

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Theodore Roosevelt Draws the Line Between the Constitution, Free Speech, and Patriotism

“The clause of the Constitution...has reference of course only to holding you legally responsible for what you say in the House, and of course has nothing to do with the opinions your constituents or others form from your speech...as to your fitness to.

On April 6, 1917, President Wilson asked Congress for a declaration of war against Germany. Roosevelt had long advocated American entry into the war, and he was as fierce an advocate as the war had. The vote in Congress was 455 in favor to 56 against; one of the Republican to vote no, and a leader of the dissenters, was the populist and future U.S. Senator Ernest Lundeen of Minnesota, who followed this vote with a no vote on the conscription bill. Wilson had asked Congress to declare war on Germany in April, but he held off asking for such a declaration against Germany’s allies. In December 1917 Congress declared war against Austria-Hungary; this time one socialist voted no and Lundeen paired himself no, thus becoming one of just two war opponents in Congress.

In the months after the U.S. declaration of war, Lundeen engaged in a heated exchange, almost a debate via correspondence, with Roosevelt, one that dealt with the pros and cons of American policy, and Roosevelt’s fierce advocacy of the war and Lundeen’s continued reluctance to support it, and as importantly, delved into the meanings, characteristics and limits of patriotism, free speech, and dissent in a democracy. Lundeen’s last “no” vote infuriated Roosevelt, who denounced him as Unamerican. In response, Lundeed claimed that he had the Constitutional right to take the positions he did and act as he did. Roosevelt next drew an important line on free speech, replying that his actions may have been Constitutional, but they made him unfit for office.

Typed Letter Signed, Roosevelt Hospital, New York, February 23, 1918, to Lundeen. “No one questions your “Constitutional right” to send your speech of April 6th to every voter in your district; but when you send it, you at once make it everyone’s right to question you about it; and by sending it now you clearly give the impression that the sentiments therein expressed are your sentiments still.  The clause of the Constitution that you quote has reference of course only to holding you legally responsible for what you say in the House, and of course has nothing to do with the opinions your constituents or others form from your speech, especially when you send them out, as to your fitness to continue in Congress.  You have now answered my question as to your voting against or being paired against the declaration of war with Austria.  Under the circumstances I regret to say that I do not regard you as having lived up to the important part of my letter to you, in which I set forth the line of conduct which all good patriots should follow hereafter.  This was submitted to you and you approved it;  but you have not lived up to it, and therefore anything of excuse or justification for you which that letter contained I feel I must now withdraw.”

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