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  • The 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.

  • 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: wahsfone
  • Currently, 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: M4I4cFeIine
  • The 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: FlakyHerb64
  • The 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: BrianDj
  • Reasons for It being Constitutional

    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.

  • Reasons for It being Constitutional

    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.

  • Reasons for It being Constitutional

    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.

  • E draft is constitutional, as it is one of your obligations as a US citizen, also because your 13 amendment rights.

    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?

  • E draft is constitutional, as it is one of your obligations as a US citizen, also because your 13 amendment rights.

    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?

  • The 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: EmanBoa
  • No 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?

  • 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.

  • The 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.

  • The 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.

  • The 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.

  • The 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."

  • NO

    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.

  • I 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 cakes
  • A 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: B3rkIffy

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