How can anyone other than a corrupt lawyer or judge argue that the draft is...

[Mike]

...constitutional? First of all the Constitution is about what the government can and cannot do. It does NOT say that Congress power to conscript and the founders were against large standing armies so rasing armies is nothing more than a volunteer army. Second it is never necessary and proper to have a draft when there is the militia clause and the second amendment clause which calls forth local militia groups to repel local invasions. The ninth amendment and the 13th amendment prohibit the draft as under the ninth amendment it means that the government is prohibited from violating an implied right not to join the military and the 13th amendment prohibits involuntary servitude.


Last, how does the public fall for the BS about the draft being constitutional? Is it because they are obsessed with Britney Spears?
Liberal Asskisser, I'm not seeing it and do you have ANY critical thinking skills?
Matt, how am I wrong?

Andy, I'm talking about Selective Service Registration although you are correct in that we didn't have conscription since 1973.
"You cannot be serious" John McEnroe

[Matt]

way to pull out parts of the constitution and interpret them in a totally false way good job

[andybosik]

What "Draft" are you talking-about?
Last time I heard, ALL of the U.S. Forces are voluntary. You have been partaking of a little too much of the KoolAid.

[Joseph]

i would hope it would never come to a draft....

i first hope it would never come to war.... just so destructive for nothing really dont prove your ideas (that started the war/killing) better just means you are better at systematically killing another group of people (odd it sounds like genocide)

but if america was in need of troops i would hope every able citizen would willing sign up

[Elway_the_Cat]

This seems pretty straight forward to me. I'm open to how you see this as inconsequential to the ordering of troops.

The draft is seen in the Constitution at Article 1, Section 8, Clause 12.

The Constitution does not directly mention the word "draft" or even the older "conscription," but its authorization for the Congress to "raise and support Armies" is a clear indication of the same concept - to use the resources of the nation to create or man an army.

There has also been some question raised about the draft in regards to the 13th Amendment. Surely the draft, for at least some, constitutes involuntary servitude, prohibited by the 13th. The only exception the 13th contemplates for slavery or involuntary servitude is as a punishment for a duly convicted crime. However, the courts have ruled that the intent of the 13th was never to abolish the draft, and that serving in the military, even against your will, is not involuntary servitude. These "duties owed to the government" are exempted from 13th Amendment protection. In Butler v Perry (240 US 328 [1916]), the Supreme Court wrote:

[The 13th Amendment] introduced no novel doctrine with respect of services always treated as exceptional, and certainly was not intended to interdict enforcement of those duties which individuals owe to the state, such as services in the army, militia, on the jury, etc. The great purpose in view was liberty under the protection of effective government, not the destruction of the latter by depriving it of essential powers.

http://www.usconstitution.net/xconst_A1Sec8.html#C12

http://www.usconstitution.net/consttop_drft.html

And here is a link to the 9th Amendment, in which I do not see a valid way to support your assertion. It can only be so widely interpreted in a state of desperation I would think. You can take the 9th and apply it to almost anything you disagree with doing in this country.

http://www.answers.com/topic/amendment-ix-to-the-u-s-constitution

[LiberalAssKicker]

I think there are specific provisions in the constitution for raising an army and supplying it, and I think I even knew that in high school.