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Mandatory military draft unconstitutional
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Recommended: Mandatory military draft unconstitutional
Historical Analysis of the Military Draft Policy
The Constitution adopted in 1789 gave Congress the "power to raise and support armies," but it neither mentioned nor prohibited conscription. The Framers left that issue to the future, although most of them believed that the United States like Britain would enlist its men rather than conscript them, and would pay for its armies through the power to tax. Not until World War I did the United States rely primarily upon conscription. The Selective Service Act of 1917 was adopted in large part because a civilian-led "preparedness" movement had persuaded many Americans that a selective national draft was the most equitable and efficient way for an industrial society to raise a wartime army. Woodrow Wilson overcame considerable opposition, particularly from agrarian isolationists in the South and West and ethnic and ideological opponents of the war in the North, to obtain the temporary wartime draft. (Berger 1981)
For more than 50 years, Selective Service and the registration requirement for America's young men have served as a backup system to provide manpower to the U.S. Armed Forces. President Franklin Roosevelt signed the Selective Training and Service Act of 1940 which created the country's first peacetime draft and formally established the Selective Service System as an independent Federal agency. From 1948 until 1973, during both peacetime and periods of conflict, men were drafted to fill vacancies in the armed forces which could not be filled through voluntary means. (Gerhardt 1971)
A lottery drawing - the first since 1942 - was held on December 1, 1969, at Selective Service National Headquarters in Washington, D.C. This event determined the order of call for induction during calendar year 1970, that is, for registrants born between January 1, 1944 and December 31, 1950. Reinstitution of the lottery was a change from the oldest first method, which had been the determining method for deciding order of call. 366 blue plastic capsules containing birth dates were placed in a large glass jar and drawn by hand to assign order-of-call numbers to all men within the 18-26 age range specified in Selective Service law. With radio, film and TV coverage, the capsules were drawn from the jar, opened, and the dates inside posted in order. The first capsule - drawn by Congressman Alexander Pirine (R-NY) of the Ho...
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...ain that our military will not leave Iraq until a stable democracy is intact and if other actions are taken against countries such as North Korea and Iran as communication failure continues to break down, we will find U.S. military sources stationed in those countries as well until they too have reached a level of stablility that is consistent with how the United States government would approve. And although our commitment to these current day conflicts has not reached a status where a draft would be needed, talk has begun to stir and its reinstatement could come in the near future. Good or bad, each individual has its own opinion and its policy will be debated for years to come.
Bibliography
Anderson, Martin. The Military Draft: Selected Readings on Conscription. Stanford, California: Hoover Press. 1982.
Berger, Jason. The Military Draft. New York: H.Wilson CO. 1981.
Carter, Phillip and Paul Glastris. “The Case for the Draft.” Washington Monthly; March 2005, Vol. 37 Issue 3, p18.
Flynn, George. Conscription and Democracy. Westport, Connecticut. Greenwood Press. 2002.
Gerhardt, James. The Draft and Public Policy. Columbus: Ohio State University Press. 1971.
4Brophy, L., & Fisher, G. (1959). Organizing for war (1st ed.). Washington, DC: Office of the
...claimed it as a Republican war—Mr.Madison's War. They thought it was unconstitutional to draft people away from state militia (docum.D) . Madison responded with the "elastic clause," which allowed Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
This was the time the WWI one had broken out, the government need men to fight. They were short staffed for that to work and they need man to fight this war so the military started selecting citizen randomly to draft. Schenck fought against this draft saying this in a way it was like slavery. When the United States entered WWI in 1917, Congress passed a law called the Espionage Act. The law stated that during wartime obstructing the draft and trying to make soldiers disloyal or disobedient were crimes against the United States (Schenck v. United States).
On July 1, 1973, Congress chose to end the draft in favor of an All Volunteer Army. According to "The Professional Bulletin of Army History, No. 27," the last man was drafted in December 1972 and reported for training in June 1973. Now, not only might the renewed military draft come back but also the age of compulsory service in the meat grinder might be extended from its former limit of 26 years up to 42 years of age.
On August 7th 1964 the United States Congress passed into law the Gulf of Tonkin Resolution which, for all intents and purposes, officially brought the United States into the Vietnam War. Following this resolution, a draft was instated to increase the number of men that could be sent to war. Shortly after men started to be signed into conscription for the United States Military, a public outcry started over the use of a draft to increase military size. The draft was found to be unfair to American Citizens because certain groups of men were severely disadvantaged, the draft was illegal in many ways, and veteran’s future lives were harmed, among other reasons.
I never thought I would say this but I think we should reinstate the draft. It has been years since we have wanted or needed a draft, but in view of the United States being attacked on September 11, 2001, I feel our country must be ready and prepared to defend itself. If being prepared means reinstating the draft, a mandatory summons for military service, then I think we should consider this a reasonable proposal. I think the tragic events of September 11 will evoke most people to agree with me. Since September 11 we have seen a surge of patriotism in this country that seemed hidden for many years. I am so glad patriotism was not lost, and I think most Americans would be willing to defend their country in light of this attack. We are a nation and a people who believe in freedom and democracy. It tells other nations who we are and what we stand for. It is these beliefs that lead me to believe that the people of the United States will do anything to preserve our freedom and democracy even if it means reinstating the draft. I want to prove this notion, but am unsure how to accomplish this. I have not read any recent articles in newspapers or magazines that have dealt with this issue. My textbook was not a source either. So I decided to do two things. First, I went to the Internet for any information, articles, discussions, or statements relating to this issue. Second, I decided to conduct an informal poll. This informal poll consisted of male and female respondents with an age span of eighteen to sixty two. My poll started with classmates in my Western Civilization and Studio Art classes and the professors who instruct these classes. My poll included emailing friends and family who live and work in New York, family currently serving in the Armed Forces, and a family member who is a Veteran of the Viet Nam War. Also included in this poll is a random sampling of the townspeople of Los Alamos. Medical personnel at Los Alamos Women’s Health Services, and the lunch crowd at Café’ Allegro rounded out my poll. This cross section of Americans evoked many feelings and opinions and stimulated many conversations and critical thought. These conversations exhilarated me and the results I obtained amazed me.
Many people in the 1960s and early 1970s did not understand why the United States was involved in the Vietnam War. Therefore, they had no desire to be a part of it. The Selective Service System, which was used to conduct the draft, had aspirations of directing people into areas where they were most needed during wartime. However, people took advantage of the draft system’s deferment policies to avoid going to war. Others refused induction or simply did not register. There were also people who left the country to escape the draft. The Vietnam War proved to be an event that many Americans did not agree with, and as a result, citizens took action to elude the draft entirely or to beat the draft system.
Over forty years has passed since the United States inducted the last draftee through the Selective Service System. The Selective Service System is an independent agency of the United States, which gives the President the right or power to conscript men for military service. There have been different Acts passed by congress since 1917 that require men of various ages to register for service. Although, the name of each Act and the age requirements of the registries changed, the Acts were all similar in nature. They all gave the President the right to call men to war when he deemed necessary. In January 1973, Secretary of Defense Melvin Laird announced the creation of the all-volunteer service, retracting the need for the draft (GAO.gov). Under current law, all men between the ages of 18-25 must register within 30 days of their 18th birthday, however this information is used mostly for recruitment purposes and in case of any future crisis. There has been much controversy over this matter since the Vietnam War, when people started to realize the draft was unfair due to loopholes and draft exemptions making the draft unfair for working men. At one point in time the military draft may have been necessary, but today’s all-volunteer military has eliminated the need for a draft.
The Conscription Act delivered the final straw in the long list of discrepancies, the catalyst that turned that small forest fire into a raging inferno of hate and fear. The white working class (mostly Irish immigrants) were infuriated, they couldn’t understand how they, white, hard-working voters were being punished. The government was forcing them to fight a war they didn’t support and the only way they could avoid it was to pay 300 dollars (a years wages for most), yet they would pay African Americans 1,000 dollars for volunteering. The new federal draft conditions also expanded to include a wider age range of men it would take. “The conscription law targeted men between the ages of 20 and 35, and all unmarried men up to age 45.” Adding to the already high tensions of laborers, since the enactment of the Emancipation Proclamation they ...
In the month of April of 1862, the government issued the first draft of the Civil War. Throughout the war, they put out drafts because so many men were needed to fight. Citizens were expected to obey these orders, and as the war progressed, it was harder and harder for men to avoid fighting for their country. Towards the end, the government began forcing almost every able man to enlist in the army. Men of ages 17-50 were drafted in the South (20-45 in the North); bodies were needed. And the government made sure that they got what they needed.
Karen DeYoung, Soldier: The Life of Colin Powell (New York: Alfred A. Knopf, 2006), 146.
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