Selective Service... is it constitutional???

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  • Phil502

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    Enslavement can be the right thing? :dunno:

    I don't see it as enslavement. I sent my card in and I would have showed up if I got called. I will still show up now.

    I see it as a sacrifice made to have this country, I don't however agree with every bs war that can come about but I see that as a different issue that should be corrected on it's own.
     

    thebishopp

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    Back to the origial question though, yes the draft is constitutional. It is determined to be constitutional because it is necessary. Harsh reality.

    This is one of the dumbest arguments I've heard as to why an action by a government entity should be deemed "Constitutional".
     

    thebishopp

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    The founders believed we had inalienable rights to Life, Liberty, and the Pursuit of Happiness. You don't have liberty when you are forced to serve the government. You can't pursue happiness when years of your life are taken from you.

    Also amendment 13 explicitly bans it.
    Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
    It is my unwavering belief that the draft is unconstitutional, and seriously anti-liberty.

    Freedom can't be protected by enslaving people.




    I think Paco said it. Contracts you sign up for are voluntary. If someone wants to sign away their rights, its their choice. Breaking a contract is a just cause for punishment.

    Quoted for truth.
     

    Paco Bedejo

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    I don't see it as enslavement. I sent my card in and I would have showed up if I got called. I will still show up now.

    So, because you would volunteer, it's OK to force someone else who would not?

    "I'd gladly work in the fields if asked, so I don't know what all these negroes is complainin' about." :rolleyes:
     

    thebishopp

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    Whether it's constitutional isn't the issue to me in this case.
    If an individual feels no obligation to be available to defend their country in the event of a major attack/war, then they should find a country they can be loyal to and go there...

    It should always be the issue. If it isn't then what is the whole point of this "great experiment"? Why even have a "constitution"? What is the point if it can so easily be dismissed in the interest of "national security" - because that is exactly what you are saying.

    With this logic the entirety of our "inalienable rights" become "privileges" bestowed upon us at the whim of our leaders.

    I really don't see how many of you don't get that. The same arguments you are making as to why a draft is constitutional are some of the same arguments used to strip you of your other rights (and not just your 2nd Amendment ones).

    Hypocrisy.
     

    other guy

    Marksman
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    ^sums up my opinion.

    The courts have screwed this up. The Constitution says that Congress has the power to raise and army, nowhere does it say that it can raise an army using conscription. Conscription is a form of slavery.

    well I think that answers the question "Congress has the power to raise an army" How do you think they would do that, by asking for volunteers
     

    PistolBob

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    The United States Supreme Court has ruled on more than one occasion that the military draft was indeed constitutional. So the answer is YES.
     

    ATOMonkey

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    well I think that answers the question "Congress has the power to raise an army" How do you think they would do that, by asking for volunteers

    Absolutely. Congress has the power to pay for a National Army, not to enslave the men of the nation to fight for the crown or be imprisoned if they refuse.
     

    PistolBob

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    Just because the Supreme Court has ruled on it does not make them right. They have ruled that infringing on the 2nd Amendment is alright so we know they are wrong sometimes

    Well this may be hard for you to deal with, but the Supreme Court of the United States gets to make the rules on constitutionality. They rule...really they do.
     

    ATOMonkey

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    The United States Supreme Court has ruled on more than one occasion that the military draft was indeed constitutional. So the answer is YES.

    You'll forgive me if I don't lend much credence to the Supreme Court that has ruled time and time again AGAINST Liberty over the last century.

    The only thing needed to make the draft unconstitutional is 5 votes.

    The "constitutionality" of anything is up to the whim of the majority of 9 people selceted for their ability to hunger for power and kiss ass.
     

    other guy

    Marksman
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    Absolutely. Congress has the power to pay for a National Army, not to enslave the men of the nation to fight for the crown or be imprisoned if they refuse.

    You should have told them that back in the 60's when i was drafted. I guess I should say "I wish I would have known that" I could have taken them to court and lost.
     

    badwolf.usmc

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    The founders believed we had inalienable rights to Life, Liberty, and the Pursuit of Happiness. You don't have liberty when you are forced to serve the government. You can't pursue happiness when years of your life are taken from you.

    Also amendment 13 explicitly bans it.
    Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
    It is my unwavering belief that the draft is unconstitutional, and seriously anti-liberty.

    Freedom can't be protected by enslaving people.

    Do you know that Amendment 13 was enacted at the end of the Civil war, during a time when men were being drafted into the military and drafted men were still in the military?

    Great Books - TeacherVision.com

    A regular army is raised by offering enlisted men cash bonuses and a promise of free western land after the war is over. This system, however, does not attract enough men and enlistments often run out before battles are over. General George Washington is forced to call on state militias, made up of poorly trained and led citizens who often leave service at inopportune times to return home and tend to their farms. Once he becomes president, Washington tries to remedy the inadequacy of the nation's military system by proposing legislation that men be registered for service and assigned to military units for training. Congress passes neither this nor similar such legislation later proposed by Presidents Adams, Jefferson, and Madison.

    There was even conscription during the Revolutionary War, and later proposed by Adams, Jefferson, Madison & Washington.
     
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