Is the military draft constitutional?
Yes, because Article 1, Section 8 of the Constitution clearly states that the federal government has the right to institute a draft.
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.
Posted by: wahsfoneThe draft is not unconstitutional
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.
Posted by: AnonymousRaise an army.
Article I, Section 8, Clause 12 of the Constitution provides Congress the power "to raise and support armies, but no appropriation of money to that use shall be for a longer term than two years". The draft is a newer version of conscription, and it is how Congresses of old have chosen to create the US Army. Yes, it's voluntary now, but its still Constitutional.
Posted by: AnonymousThe military draft is constitutional but only under one, and only one circumstance, fighting a foreign invasion here at home.
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.
Posted by: BrianDjI believe the military draft to be constitutional, but reserved for the most major emergency.
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.
Posted by: 5c4ryCarI support the military draft because without it we may not have had enough soldiers in Vietnam or WWII.
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.Posted by: SleekTomThe Government has a constitutional obligation to provide for the common defense.
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.
Posted by: N3r0nKrooIThe military draft is constitutional, because it has been decided so by our government.
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.
Posted by: FlakyHerb64Currently, no. But even though the draft appears to constitute involuntary servitude, perhaps the Constitution should be amended to allow it.
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.
Posted by: M4I4cFeIineI do believe that the military draft is constitutional as participation in our armed forces actually predates the constitution itself.
The United States was formed out of a combined effort to overthrow the tyranny of England, and I think that sense of loyalty is inherent in the draft. In other words, I strongly believe that military drafting is constitutional.
Posted by: ToughEfrain26The military draft is constitutional, because it is built on what this country was founded upon.
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.
Posted by: M0r3InteriorYou cannot force citizens to arms.
Many will quote the 2nd amendment to argue that the draft is constitutional. World War II was the last war the United States fought with a formal declaration of war. I pose this question, if you concur that the 2nd amendment supports the "draft," then how was it constitutional to enact the draft during Korea and Vietnam? I would consider this without a doubt as involuntary servitude, which the thirteenth amendment clearly prohibits.
Posted by: AnonymousThe draft is constitutional, as it is one of your obligations as a US citizen, also because your 13 amendment rights, or any other amendment rights, don't mean crap if no one fights in the army.
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.
Posted by: ninjatofuUnfortunately, there is nothing in the Constitution that would make the draft not constitutional.
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.
Posted by: 54IInfernoThe preamble of the United States constitution, the government has an obligation to promote the general welfare and provide for the common defense.
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.
Posted by: Anonymous
It Makes You a Slave
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.
Posted by: MasturDbtorIt is forced service.
No, it is not Constitutional. The 13th Amendment forbids involuntary servitude. Since anyone who was drafted, did not volunteer to join the military, but was told if they didn't, they would be forced to, or face legal penalties. "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States" Since when has it been a crime to refuse to murder other people?
Posted by: PurplesnowThe draft was unconstitutional but needed.
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.
Posted by: AnonymousSlavery is Slavery
Our government has limited authority.
If the people disagree with a military action being taken by our government then the citizens have the right to protest by refusing to fight. If the citizens agree that the military action is justified then the recruiting office would be flooded.
If we are forced into military service then the soldiers will be faced by an enemy from both sides and will fight the one he is more likely to win against. If the all the soldiers see the conscripting government as an enemy then they may/should/will just turn their weapons to destroy that enemy which has already caused them much harm.
Our government exists only to protect our life, liberty, and property. If the government decides to force it's citizens into service then the government has done the opposite of what it is authorized to do.
Now our founding fathers wanted us to have an armed citizenry so that those who wished to join a service could and it would relieve the government the cost of buying a new combat weapon for each soldier.
So if and when it's time to call forth the militias to defend the country the members will have agreed that there is a threat and would come willingly and freely.Posted by: Freedom1ManThe military draft is unconstitutional, because it's not fair in the way soldiers are chosen.
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.
Posted by: EmanBoaThe military draft violates the 5th amendment.
The military draft pretty much takes away your liberty and your life because you are forced to serve in the military so your freedom in society to choose is deprived. Also, when you are drafted you will have a greater chance of becoming a casualty which deprives your life, and what if you had plans for your future. Those plans will be lost and you would have lost years of your life to compulsory government service. In the 5th amendment, it states that you cannot be deprived of your life or liberty without, "due process of law." The military draft deprives you of your liberty and life without, "due process of law."
Posted by: AnonymousDraft is unconstitutional
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.
Posted by: AnonymousThe military draft is unconstitutional, because it denies people of their liberty.
When men are drafted, they are forced to leave their homes and families and go wherever the army says. That is denying them of their liberty, without a fair chance to make a choice or stand up for themselves.
Posted by: darcyskaNO
Art.3: Everyone has the right to life, liberty and security of person.
Art.18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Art.20: (…) No one may be compelled to belong to an association.Posted by: AnonymousThe military draft is unconstitutional, because men and women should have the choice to join the military.
The military draft is unconstitutional, because men and women should have the choice to join the military. In times of war, the government may enlist the help of those who voluntarily serve in the armed forces. But, it should not force its citizens into combat. Clearly, the draft in Vietnam caused many conflicts, and continues to plague the individuals involved. So, a draft now would probably cause even more.
Posted by: MammothToryI don't believe in war, so it's obvious that I don't agree with military draft. I believe that anyone should have a choice when going out to war, not having someone fill up their mind
During the desert storm (91) war alone more than 2 million soldiers have died in both fronts, so I believe that its an unnecessary waste of human lives, not to mention US tax money.
Posted by: baby cakesThe draft is not constitutional.
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.
Posted by: AnonymousIt is unconstitutional to impose the military draft.
This country was founded on the freedom of choice. For a government to step in and say that you must fight a war that religiously you might not believe in is a direct violation of the First Amendment. I believe that the military is an admirable choice, but I do not believe that it should be forced upon anyone.
Posted by: Ch4ddMcThe military draft is unconstitutional. It denies the right to choose.
No one should be forced to serve, they should do so only voluntarily. We are stripping away too many indivdual rights in this country, especially by Repaublicans that want less government, but more control over individual freedoms.
Posted by: AnonymousA draft is against the constitution because it is taking away freedoms.
It is not right to make a draft mandatory. It should be a choice whether or not someone wants to fight in the military. If the government feels that they can tell people what to do in terms of war, then they will feel like they can take over everything and control it as they like. If the draft takes place again I think there would be a big problem from most people feeling like their freedoms were taken from them.
Posted by: B3rkIffyThe military draft is unconstitutional and infringes one's rights; such as the first amendment.
If one chooses to not want to stand on the front lines of battle, he should have the right to. It infringes the first right if one pursues a peaceful religious that is anti-war.
Posted by: AnonymousThe military draft is unconstitional due to the 13th amendment.
Forcing someone to serve in the military is involuntary servitude, and the 13 amendment prohibits slavery and involuntary servitude, except as punishment for a crime- which proves that selective service, is in fact unconstitutional but the supreme court denied this, because it wasn't in there intentions.
Posted by: AnonymousInalienable Rights to Life Liberty and Property
Inalienable: unable to alienate; unable to separate.
Life: Ability to choose how to live your life.
Liberty: Speech, thought Religion; Choices in society that make up your life.
Property: The stuff you own, included but not limited to: Money, house, car, pets, food, and clothes that you acquire through labour and products of your labour.Posted by: John_Locke89The constitution makes no allowance for forcing citizens into involuntary service.
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.Posted by: AnonymousIt undermines a person's freedom.
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.
Posted by: granthipps17We need Freedom of Speech, Freedom of Opinion, Freedom of Life.
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.
Posted by: sofeeefA military draft is not only unconstitutional, but against our rights.
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.
Posted by: AnonymousLook at the Bill of Rights.
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.
Posted by: AnonymousNo because it can cause man to commit sin
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?
Posted by: Anonymous