Why do alot of people advocate the Draft, which is a blatant violation of the 13th Amendment?

Question

From the Constitution:

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have the power to enforce this article by appropriate legislation.

Clearly, the Draft constitutes "involuntary servitude" and it is absolutely absurd to attempt to claim otherwise. It may also constitute outright slavery. So, unless it is a criminal act to fall within the eligible age for the draft, it is blatantly unconstitutional no matter how statists choose to attempt to justify it. And, since the American people are not required to follow unconstitutional laws and are supposed to uphold the Constitution against all enemies, foreign and domestic, they have a responsibility not to register for the draft, to accept being drafted, or to accept being tossed in jail. They simply have a responsibility to resist.

Answer 1

Sounds like your scared to serve your country.

As for a draft, I am all for it.

1) Every person, as soon as they finish high school, go to basic and AIT.

2) After wards, serve 2 years service in either the Reserves or if a objector, hospitals.

3) for this, they get 2 years free college.

If they did this, it would make alot of these kids grow up and learn respect, and it would raise the education level our country by allowing EVERYONE to have a college education as long as they are able to do it.

Answer 2

From a textualist perspective, you make a good point, but there are some rejoinders:

1) on textual lines, you could argue that the draft does not constitute "involuntary servitude" since peole are conscripted only after they sign up for it. Of course, you would respond by saying yea, but if you don't sign up with the Selective Services, you are guilty of a crime. Although that may be true, you can always move to another country if you don't like the laws here, can you not? So, in a way, you voluntarily sign up for the draft by registering with the selective services.

2) from a purposive perspective, one could determine that the draft is constitutional because prohibiting it was not the intent of those who drafted the 13th, 14th and 15th Amendments (collectively, the Civil War Amendments). The drafters of those amendments were concerned with integrating the freed slaves back into society, period. (See the Slaughter-House cases). Thus, the 13th Amendment does not prevent the government from drafting someone because that was not what the Amendment was designed for.

I think the best rationale for the draft is a social contract theory perspective. According to this theory, because citizens benefit from having a government to protect them, etc, they owe it something in return when the government needs their help. By living here, one implicitly accepts that responsibility.

Again, though, I acknowledge that you do make a striking point in your question.

Answer 3

You are correct -- however, like anything else, the Constitutional limits on govt can be ignored if there is a sufficiently compelling justification and if the laws/regulations are tailored to suit that need.

That's how any Constitutionally protected right can be limited -- including the right against slavery in the 13th.

The legal challenges to the draft were rejected, since the US govt was able to convince the court that there was a compelling need to have a larger military -- and that the draft was the least restrictive means to accomplish that necessary goal. Hence, even though it was a constitutional violation -- it met the threshold for being allowed.

Whether the govt can again convince the courts of this is debateable -- but with the current right-wing Supreme Court that seems to be willing to allow Congress to do whatever it wants -- it's very likely that the Court will again allow the US govt to violate the basic text of the Constitution.

Answer 4

Your constitutional argument against the draft is fantasy. The draft has been used in this country on several occasions and never been found unconstitutional. If you have been paying attention, the military does not want a draft. Those who have been advocating it have been anti-war leftists who see this as an opportunity to gin up opposition to the war in Iraq.

Answer 5

Really then what do you say about the part where it says Congress shall have the power to raise and maintain Armies, and to provide and maintain a Navy.

Answer 6

The Supreme Court has ruled on more that one occasion that forced conscription doesn't violate the 13th amendment. The first such ruling was in 1918.

Answer 7

i think that the government does have the astounding to signify which you enlist if the country's protection is in threat. for occasion In worldwide conflict 2 and the Civil conflict u . s . a . protection grew to become into in threat with the aid of powers attempting to wreck them. The Germans and the eastern needed worldwide domination and the South had to be its own u . s . a .. i detect that they could in straightforward terms be waiting to draft human beings into the militia on condition that the country's threat is at stake. If unlike our situation in Iraq, then it could in straightforward terms be voluntary like it is been considering that WW2. it truly is arbitrary that wealthy teenagers do no longer could serve yet a number of them do finally end up enlisting with the aid of them being so patriotic. i will additionally see why human beings do no longer elect their teenagers going to conflict. a million. people who bypass to conflict come again as distinctive human beings. they come again with stories few human beings ever see of their lifetimes. those could be very scarring ona guy or woman and can replace them continuously. mom and father elect to confirm their teenagers smile and snort. people who come again from conflict do no longer. 2. dying. mom and father do no longer elect their flesh and blood that they prefer to dying to die in conflict. they elect their babies to survive them and function stable lives. 3. Wounds/injuries. human beings could be severly harm in conflict and that ameliorations a guy or woman's lifesyle continuously. my father for occasion grew to become into in Operation Iraqi Freedom and jumped out of a airplane. His parachute didnt open and he fell all the way down to earth and landed against the opportunities right into a field of dug up and unfastened airborne dirt and airborne dirt and dust and broke varied the bones in his physique. he will ever be waiting to get well variety his injuries and suffers from his disablement on a daily basis. He needs he didnt get harm yet is chuffed that he went to combat for his u . s . a .. My father isnt the comparable as he was once and he by no ability would be yet he dosnt be apologetic approximately his patriotic accountability to the U. S. military. There you bypass. -Kirk