The2ndAmendment
Gold Member
First, let us examine when the Draft is Constitutional, and when it is not:
Article I, Section 8:
Second Amendment:
All able-bodied males are considered part of the Militia. The Constitution only allows the Congress to technically "draft" Americans in order to suppress Insurrection, or to repel Invasion; both of which can only occur WITHIN United States territory.
So then, since the Constitution is a limiting document, can the Congress (or federal government in general) "draft" Americans to go overseas, outside of United States territory?
Well, since the Constitution is a strict limiting document (as per the Ninth and Tenth Amendments), modern Progressive and other 20th Century rulings notwithstanding; the answer is NO.
But, now let us consider the (egregious) changes to the Constitution throughout the 20th and 21st Century. Is the draft "constitutional" even under the butchered version of the Constitution?
Well let's start with the Thirteenth Amendment:
So far it appears that no American Citizen can be drafted for any purpose or reason outside of invasion/insurrection on US soil. But let's examine the Constitution further; surely there must be a remedy for the federal government itself if it truly needs to invade another nation/country/region.
Article I, Section 8:
So Congress can raise a VOLUNTEER ARMY (as per the 13th Amendment), or issue Letters of Marque and Reprisal and contract the work to third parties.
They can also create a VOLUNTEER Navy (and by modern implication, an Air Force, I severely doubt the Founding Fathers would have denied the Federal Government the power to provide an Air Force if they were alive today).
Then, with a Declaration of War, from Congress itself, the President of the United States becomes Commander in Chief of the VOLUNTEER armed forces, who are in SERVITUDE to the Constitution of the United States, and then the POTUS (the Constitution is the superior oath).
Ok, so the draft to foreign nations is not constitutional.
But let's ignore that for the rest of this discussion.
Suppose a draft is called by Congress, does it create an anti-war sentiment so powerful as to prevent or swiftly end World War III? Or does it simply provide the Military Industrial thugs more man power, while the people protest uselessly?
Article I, Section 8:
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
Second Amendment:
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
All able-bodied males are considered part of the Militia. The Constitution only allows the Congress to technically "draft" Americans in order to suppress Insurrection, or to repel Invasion; both of which can only occur WITHIN United States territory.
So then, since the Constitution is a limiting document, can the Congress (or federal government in general) "draft" Americans to go overseas, outside of United States territory?
Well, since the Constitution is a strict limiting document (as per the Ninth and Tenth Amendments), modern Progressive and other 20th Century rulings notwithstanding; the answer is NO.
But, now let us consider the (egregious) changes to the Constitution throughout the 20th and 21st Century. Is the draft "constitutional" even under the butchered version of the Constitution?
Well let's start with the Thirteenth Amendment:
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.
So far it appears that no American Citizen can be drafted for any purpose or reason outside of invasion/insurrection on US soil. But let's examine the Constitution further; surely there must be a remedy for the federal government itself if it truly needs to invade another nation/country/region.
Article I, Section 8:
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
So Congress can raise a VOLUNTEER ARMY (as per the 13th Amendment), or issue Letters of Marque and Reprisal and contract the work to third parties.
They can also create a VOLUNTEER Navy (and by modern implication, an Air Force, I severely doubt the Founding Fathers would have denied the Federal Government the power to provide an Air Force if they were alive today).
Then, with a Declaration of War, from Congress itself, the President of the United States becomes Commander in Chief of the VOLUNTEER armed forces, who are in SERVITUDE to the Constitution of the United States, and then the POTUS (the Constitution is the superior oath).
Ok, so the draft to foreign nations is not constitutional.
But let's ignore that for the rest of this discussion.
Suppose a draft is called by Congress, does it create an anti-war sentiment so powerful as to prevent or swiftly end World War III? Or does it simply provide the Military Industrial thugs more man power, while the people protest uselessly?