Article 1 sec 8 provides for the raising and funding of armies and if you agree with the 2nd amendment you realize that all able bodied citizens are considered militia. With the right to bear arms comes the responsibility of being considered part of that militia. The only reason for that militia to exist is to serve in times of national crisis. A declaration of war would qualify as a time of national crisis. So if Americans don't step up to meet the need they are pressed into service by a draft to meet that need. With rights come responsibilities, unless you're ready to give up your rights? In a larger sense you are responsible for defending the freedom afforded to you by all of those rights.
If you look at what the country has done for you and what it has provided you with, this should not be an issue at all. You should want to serve. And the government does have a right to fund an army. Now I am not saying that everyone needs to serve, but those who do are more then willing.
Here is the relevant text: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years. I think that this paragraph can be interpreted to allow for a draft. And looking at U.S. history, my view has been vindicated, moreover, in times of crisis, I think that a draft is a legitimate way to get the manpower needed to confront said crisis. That being said, the draft should be used with great deference to the rights of citizens and should only be used as a last resort.
Being taken from one's everyday life and shunted into a military role to follow orders and perhaps risk one's life seems to be an undiluted and definitional example of involuntary servitude, prohibited by the 13th Amendment. And yet a good case can be made for amending the Constitution so as to allow it. Wars, including unwise and unjust wars, are now fought by a volunteer force largely comprised of young people who chose the military out of economic necessity. The physical and psychological wounds they bear in disproportionate numbers reinforce social inequality and insulate politicians from accountability for irresponsible decisions to use military force, which ought to be a last resort in a democracy, but seems often to be something else. A draft would spread the burdens and benefits of service broadly, and help ensure war-fighting decisions remained broadly popular. But a constitutional amendment would have to clarify the law here.
There are arguments both for and against whether or not the military draft is, in fact, constitutional. It may violate certain ideals in spirit, but no clause in the Constitution specifically and expressly forbids it. This case has been argued thoroughly and fought through the courts, all the way to a Supreme Court case ruling. The final authority in what is and isn't constitutional decreed a century ago that the draft is, in fact, legal.
Only if our military is fighting a foreign invasion here on American soil is the draft constitutional, in my opinion. Most wars fought today have very little to do with protecting freedoms, and much to do with ulterior motives, such as monetary gain in the form of resources or simply protecting "our" resources abroad. Our military has no right to force involuntary citizens to fight and die for those reasons. The only exception to my thinking is if there is another holocaust situation, but for some odd reason, the American government seems to stay out of those conflicts, for example the Congo where tens of thousands of innocent people have been brutally murdered by so-called "Freedom Fighters." It's obvious to me that our government doesn't get involved because they see nothing to be gained financially or physically from it.
The military draft should always be considered constitutional. It does not violate any part of the Constitution and, furthermore, it actually is exactly what this country was founded upon. It may be a difficult reality but, in times of extreme war, the draft is vital to keep the country sustainable. This allows our country to continue to remain a world power. Other countries never want to face a country that could have a huge army.
As stated in the preamble of the United States constitution, the government has an obligation to promote the general welfare and provide for the common defense. The obligation of the government is to protect the country from external threats. Though there is no specific mandate allowing the government to draft to the military, this obligation allows for the presence of a military draft.
The constitution does not literally say the word "draft" in it, but it does say that the United States can make an army of men. This is just semantics.
It is understandable that people are scared of their loved ones going to war, but look at the alternative. Without the draft, we might not be a free country today.
The draft is in place to ensure that this country will be ready during a war.
Although the Fifth Amendment is often cited, forbidding the government from depriving citizens of life, liberty, or property without due process of law, this would probably not hold up as a viable argument in a court of law. I completely disagree with the concept of a draft having lived through the Vietnam era, but I doubt that it could be found unconstitutional.
The military draft is gender-biased. All male U.S. citizens between the ages of 18 and 25 must register for the draft. We have many women in the military today. The draft does not require females to register. Although enlistment in the military is voluntary, there could be the potential of males being forced into the military in times of war.
The 13th amendment prohibits slavery or involuntary servitude except as punishment for a crime. Maybe a draft enforced by denying financial aid or by charging a fine instead of threatening imprisonment would be constitutional because then the person does still have a choice of sorts that would avoid being an outright slave of the government even though the person is still being pressured into joining.
One of the ten commandments of you shall not commit murder states that you can not murder someone. The draft makes man violate religious morals and violate Gods law by killing another man. We lose faith if we do. We are Gods big great family so why would you want to break a moral code over a stupid war?
Whether it was unconstitutional or not the draft was required. I do not believe the draft was constitutional, but we wouldn't have won the war without it. Without the draft we wouldn't have had enough soldiers to have fought against the Vietnamese. So while I don't believe it was constitutional, I believe it was necessary.
Article 1 section 8 says "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;". It says nothing about mandatory military service or the authority of government to force citizens into government service.
Freedoms are intrinsic not granted, were they granted no rejection of government would be valid as your liberties would be at a government or a society's discretion. Governments are not owed for recognizing rights nor is it their privilege to suspend them. The assumption that citizenship under a particular government is freedom is nationalistic idiocy.
When the constitution was drafted, a Bill of Rights was added to guarantee every U.S. citizen basic rights. A citizen gives many of the rights listed in the bill of rights up. The draft forces a citizen to give up their "guaranteed" rights. This directly violates the constitution and is therefore unconstitutional.
I personally am in a religion that is against war. Not against government but against fighting in a war that could lead to us killing one of our fellow members of our religion or any human for that matter. If I was to be placed into a combat situation because of a draft, the government would be undermining my freedom of religion. Though it was passed as a law, it is not one that has been thought out well enough as to avoid undermining a RIGHT.
The military draft is not right because every citizen should have a choice when they grow older; to join the army or not. If the government wants more people to join the military, they should give them a lot of encouragement, but they should not force people to do it.
People should not be forced to do things they do not believe in. That is infringing upon people's right to liberty. If someone does not believe in war, someone should not be forced to serve and forced to put their life in danger. If the draft were reinforced we could then start forcing people to go into professions they had no interest in pursuing, and no one would have any choices anymore.
Article 1 sec 8 only says that Congress should provide for defense (which is financial, as it comes after taxes), it says nothing about forcing someone to risk their life if they do not want to do so. Everyone has the right to life, liberty and pursuit of happiness, and forcefully depriving someone of that right to life is unconstitutional.