Military Draft?

[Jose]

which one?

The draft.

 

[N.E. CHARTERS]

safe Gun Handling

Then again

 

[Cato]

The US constitution does not authorize conscription. If the states wish to add this authorization then they will need an amendment to the constitution.

A government should not create a power not authorized.

 

[Jose]

The US constitution does not authorize conscription. If the states wish to add this authorization then they will need an amendment to the constitution.

A government should not create a power not authorized.

Wrong. It allows the Congress to provide for the common defense. There is a ton of leeway in that authority.

The Constitution does not require volunteers for the armed forces. Nor does it specifically forbid conscription.

 

[Cato]

Wrong. It allows the Congress to provide for the common defense. There is a ton of leeway in that authority.

The Constitution does not require volunteers for the armed forces. Nor does it specifically forbid conscription.

Jose although I disagree with you allow me to make your argument for you since you seem to need help.

But first I’d like to point out that the constitution does not have to “specifically forbid” something in order to make it an improper function of the federal government. The constitution lists the specific authority granted to the federal government by the states. It does not list what can not be done.

Now as far as your argument goes you take the wrong approach when you point out that congress was authorized to provide for the common defense. This phrase is located in the preamble and is intended to illustrate one of the general purposes that “we the people” were creating the constitution for.

The specific authority under common defense that may have been granted in the constitution for mandatory military service is found in Article I Section 8. It authorizes congress “To raise and support Armies” and “To provide and maintain a Navy” and of course it authorizes congress “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…”.

The question that arises is this. Did the original intent of this authority granted to the federal government include involuntary servitude as a means to raise an army or provide a navy?

In 1918 Arver v. United States along with some other cases that were argued together the US Supreme court ruled that conscription did not violate the constitution. This resulted from a challenge to the 1917 Act that authorized the WWI draft.

The title of the act is “An act to authorize the President to increase temporarily the military establishment of the United States”. The act provided that “all male citizens between the ages of twenty-one and thirty to duty in the national army for the period of the existing emergencyafter the proclamation of the President announcing the necessity for their service”. The Supreme Court ruled that during a national emergency congress did have the power to temporarily compel military service.

A non temporary compulsory draft not during a national emergency has not been tested yet in the courts. My opinion is that it is unconstitutional. If the people want to grant congress this power then they should petition their states to submit an amendment granting that power.

Personally it is my belief that compelled military service is repugnant to a free government and in conflict with all the great guarantees of the Constitution as to individual liberty.