Military Draft History
Our Constitution adopted in 1789 gave Congress the "power to raise and support armies", but did not mention or prohibit conscription. This paper reflects my exploration of the history of the draft, complete with court opinions and personal opinions.
During the American Revolution the new state governments assumed the colonies' authority to draft for their short term militias but denied General George Washington's request to provide the central government the power to conscript. As the initial volunteering for the Continental Army subsided most states boosted enlistment by the use of enlistment bounties and holding an occasional draft but this resulted in producing more hired substitutes than actual draftees. There were dissenters and …show more content…
S. Const. art. 1, 8, empowering Congress to declare war and to raise and support armies, and authorizing it to make all laws which shall be necessary and proper for carrying into execution the powers expressly given to Congress".
o Draft laws exemption for religious belief violated the Constitution's proscription against the "establishment of religion" The Court answered "The exemptions from military service in the strict sense made by the selective draft provisions of the Act of May 18, 1917 (40 Stat. at L. 76, chap. 15, Comp. Stat. 2044a), in favor of the members of religious sects as enumerated, whose tenets exclude the moral right to engage in war, does not violate the prohibition of U. S. Const. 1st Amend., against the establishment of a religion or an interference with the free exercise thereof".
o Violates the Thirteenth Amendment's prohibition of slavery The Court answered "The law imposes neither slavery nor involuntary servitude. The Thirteenth Amendment was intended to abolish only the well-known forms of slavery and involuntary servitude akin thereto, and not to destroy the power of the Government to compel a citizen to render public …show more content…
The next generation, all volunteers, echoed Joe's opinion that well trained and well paid volunteers are much better suited to serve our nation in a military capacity. However, the younger men's opinion was that if a draft should ever again become necessary it must be universal by age and not by lottery. Furthermore, each one of them was adamant that there be no exemptions based on sex, religion, sexual preference or disability. Their opinion is based on the fact that they are educated regarding the social inequality and injustice that has governed the military conscription laws in the
During the American Revolution the new state governments assumed the colonies' authority to draft for their short term militias but denied General George Washington's request to provide the central government the power to conscript. As the initial volunteering for the Continental Army subsided most states boosted enlistment by the use of enlistment bounties and holding an occasional draft but this resulted in producing more hired substitutes than actual draftees. There were dissenters and …show more content…
S. Const. art. 1, 8, empowering Congress to declare war and to raise and support armies, and authorizing it to make all laws which shall be necessary and proper for carrying into execution the powers expressly given to Congress".
o Draft laws exemption for religious belief violated the Constitution's proscription against the "establishment of religion" The Court answered "The exemptions from military service in the strict sense made by the selective draft provisions of the Act of May 18, 1917 (40 Stat. at L. 76, chap. 15, Comp. Stat. 2044a), in favor of the members of religious sects as enumerated, whose tenets exclude the moral right to engage in war, does not violate the prohibition of U. S. Const. 1st Amend., against the establishment of a religion or an interference with the free exercise thereof".
o Violates the Thirteenth Amendment's prohibition of slavery The Court answered "The law imposes neither slavery nor involuntary servitude. The Thirteenth Amendment was intended to abolish only the well-known forms of slavery and involuntary servitude akin thereto, and not to destroy the power of the Government to compel a citizen to render public …show more content…
The next generation, all volunteers, echoed Joe's opinion that well trained and well paid volunteers are much better suited to serve our nation in a military capacity. However, the younger men's opinion was that if a draft should ever again become necessary it must be universal by age and not by lottery. Furthermore, each one of them was adamant that there be no exemptions based on sex, religion, sexual preference or disability. Their opinion is based on the fact that they are educated regarding the social inequality and injustice that has governed the military conscription laws in the