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.
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.
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.
I believe the military draft to be constitutional, but reserved for the most major emergency. It doesn't violate any constitutional rights. It may be necessary if the state of the country is in such a dire state and if our men do not step up and do their duty to this country that they are enjoying living in.
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.
This is the roof and walls from which all other rights can exist within. Without defense and prosperity we could not function as we do. The founding fathers made clear this obligation without it requiring any certain form. As for interpreting it as "involuntary servitude", you choose to be a US citizen, and as such you've entered into an agreement with your government to be drafted shall the need arise. You don't wish to risk being drafted, you have the choice to find citizenship in a country that doesn't have conscription, there are a handful of them at most.
If there was no US army, there would be no one to protect those "Thirteenth amendment rights" of involuntary servitude. If you are a US citizen, you are given rights. You are also given responsibilities. For example - you are given Medicare if you are a senior. However, before you are a senior, you have to pay taxes to support Medicare. Same concept. You are given freedom of speech and freedom of press and all these freedoms. In return, if we are desperate enough to ask you to serve, you have an obligation to do so. Think about it. If we had no army, we wouldn't have anything to protect ourselves. (OK, Iran! Go ahead and declare war! We can't protect ourselves!) The draft is in place to protect your right to complain about how it is unconstitutional.
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.
Many people think and will say freedom comes with a price. The government gives you a military all your life that fights for and gives you your freedom. Therefore, in a time of desperate need, you may need to pay them back that debt. That is where these people who support the draft are wrong. You are not obligated to give back to your country, as horrible as that may sound. The government exists to protect your rights. They don't give you rights and provide you with privileges of freedom, they protect it. The military protects your freedom. Now, you can argue what they do in and of itself is a privilege to us, but the freedom part is no privilege, it is already a right. It is not something we need to pay the government back for. In a way, we do pay the military and government for what they do through taxes. So they are just doing their jobs and are getting pad for it, just like we do and the big thing is, they are doing it because they want to do it. So therefore, if you force people to join the military, you are infringing on their rights, a stated in the 1st amendment. Some people find it against their religion and believes to fight in a war and to kill people. In turn, what the government is actually doing is instituting their own believes onto you, ones you may not even believe in. Now ok, I get there may be a time where if not enough people get drafted, it would put our country in great danger, but that is not our countries fault. Then again.....sometimes it is! Some would argue it is the fact we are overseas in these other countries fighting so much that makes other countries hate us. Now you can say whatever the reason we are being attacked, people have the right to live, if you don't fight for them you are in a way killing them. Ugh, no I'm not. Someone else is. I may see a guy with a gun shooting people up in a club. If I don't go in and try to stop the guy am I the one killing those people?? Of course not. I am just exercising my right to protect myself. You see, groups of people don't have rights, America does not have rights, rather, individuals have rights. You need to protect the rights of individuals first. But again, all this goes back to the freedom argument, and if it comes with cost and responsibility. Yes, it comes with both of them, but not in this kind of way. Not in a way where you are FORCED to sacrifice that so freedom you have a right to, it doesn't make sense. Having responsibility with freedom means not abusing your freedom onto others, for example, not hurting or stealing from people. It means using your freedom properly. Courts can say this and that is constitutional, blah blah blah. And yes, by "law" it is. But that doesn't make it right. So I standby and always will, for these reasons, that a military draft is not only unconstitutional, but against our rights.