Posted on 09/15/2012 1:11:26 PM PDT by vet7279
***First, the draft is involuntary servitude.***
Not so. Here is how it was explained to me.
Back in the early days of America all men were required to be a member of the militia, to protect the people against Indian, French, and other attacks.
In a major conflict, the ARMY could levy a draft on the Militia members to use as auxiliary forces against the enemy.
When the US became a nation that militia requirement was still law.
The law was changed at the first of the 20th century.
Now the militia is divided into two parts. The ORGANIZED MILITIA, and the Unorganized Militia.
All men are a part of one of these groups. As a result, the government still has the RIGHT to levy a draft against the Unorganized Militia if needed.
A militia raised from the population to react to a direct threat is a LOT different than conscription of young men for four years of their lives and making them live involuntarily under the UCMJ.
I agree with you that there have been some lousy decisions by the SCOTUS down through the years that have vindicated the authority of government (not only federal but state and local as well) at the expense of the rights of citizens.
Those decisions upholding the constitutionality of previous drafts are, fortunately, moot under the current circumstances, but unfortunately will serve as adverse precedents should a draft be reinstituted. Needless to say, because drafts have been held constitutional does not imply that they are good policy.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the militia shall consist of every able‐bodied male citizen of the respective States, Territories, and the District of Columbia, and every able‐bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty‐five years of age, and into two classes‐the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia.
SEC. 2. That the Vice‐President of the United States, the officers, judicial and executive, of the Government of the United States, the members and officers of each House of Congress, persons in the military or naval service of the United States, all custom‐house officers, with their clerks, postmasters and persons employed by the United States in the transmission of the mail, ferrymen employed at any ferry on a post‐road, artificers and workmen employed in the armories and arsenals of the United States, pilots, mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who are exempted by the laws of the respective States or Territories shall be exempted from militia duty, without regard to age:...."
That post is a load of gobbletygook. If nothing else, the US government has only expressly delegated powers, and such powers as are necessary to carry out those powers, and not powers which have been expressly denied. There is no delegated draft power, it is not necessary to raise an army, and it violates the ban on involuntary servitude. I don’t care what old laws you think slipped in there, which never existed in the manner you contend anyway.
The militia is not, or never used to be, all able-bodied men between so and so ages. That I should have to argue otherwise I find silly and not worth my time. The posted law is pernicious and untruthful. I wouldn’t trust it under any circumstances, but especially not since it came after the Civil War.
The concept of a “reserve militia” scares me. Anyway, if it does exist, it can’t be called to service by Congress. Whatever went on in colonial America, the US government wasn’t delegated such power. Also, it is illegal according to the 13th amendment.
Since 2001 over 3,500 people have been killed in Detroit. We should draft all leftist mush heads to serve a 3 year tour of duty in Detroit to experience the results of voting Democrat-tick.
The military doesn’t need a bunch of functional illiterates.
Okay, I realize I may have seemed cagey by refusing.g to explain why the militia never used to consist of every able-bodied male of so and so age. It used to be voluntary, or if not enough came forward to fill a quota local authorities had the power to draft. Quotas were set by the needs of the campaign. So if the war required as many as or more men then lived in the area I suppose you could say all able-bodied men were militia members. But not otherwise. You could say they were potential militia members, I guess, but not pretend that’s the same as belonging to the militia, which it isn’t.
I’d think this’d be needless to say but apparently not: none of this pertains to national authority under the Constitution. Had Congress been empowered to “raise an army and navy through a draft if insufficient volunteers are available of a size commensurate with the war you inend to fight,” and had also the 13th amendment not been written, then the draft could exist. If the “reserve militia” truly were a militia, then it could be called up. That is, again, were it not for the 13th.
then =than
By the way, if SCOTUS can rule tomatoes are a vegetable, I suppose Congress can say anyone they want is a militiaman. But I don’t know why they think I should listen.
***That post is a load of gobbletygook. ***
***The militia is not, or never used to be, all able-bodied men between so and so ages.***
Oh really? HERE is the LAW.
http://www.law.cornell.edu/uscode/text/10/311
and here.
http://uscode.house.gov/download/pls/10C13.txt
EVERYONE, within a certain age, 17 to 45, is either a member of the Militia, or the Unorganized Militia, or one of the exempt US Government employees, and are able to be drafted in a levy to augment full US military troops.
Every free man being part of the militia is a far cry from conscription for years full time under the UCMJ.
***The concept of a “reserve militia” scares me. Anyway, if it does exist, it can’t be called to service by Congress.***
The President of the US (IKE) Federalized Militia (National Guard) troops during the 1950s taking the control away from governors is Segregationist states. It can happen.
No, it was a disaster for you, maybe, but by no means all, and not for the military either. I have heard laments from many like you, and they are more than balanced by those who wish they had not listened to their teachers, parents, friends, clergy, and all, and had joined. They realized later what they had missed.
No, Nope, NO FLIPPIN’ WAY!!!
The easiest way to get a military full of people that don’t want to be in the military is to make duty mandatory.
“A militia raised from the population...”
Be careful, there. Congress does have the power to organize, arm, and discipline the militia, and also to call it into action for various purposes, but not to pick people out of the population and declare them to be militia. You have to be a member of the militia first, which random citizens are not, even if you cheat and call it a “reserve militia.” Especially not considering involuntary servitude is illegal. If they had previously volunteered to be in the militia, then it should have been clear they could be called to national service, and as such it would be voluntary.
That was regular militia, nit putative “reserve militia.” Had Ike attempted to mobilize every able-bodied Arkansasian men to desegregate the schools there would have been open rebellion. What actually happened happened way, way before then, most famously during the Civil War. In Ike’s case it was illegal, since he went over Congress’ duly empowered head. I can’t remember if Abe nationalized the militia while Congress was out of session, or merely called for volunteers. Certainly he started the war without their say-so.
When I said never used to be I didn’t mean since 1903, or whenever those laws were written. To find out who Congress has the power to call up you must find out what “militia” meant at the time of ratification. And like I said, it was never all able-bodied males, except potentially. But a potential militia member us not a militia member no matter what Congress circa 1903 said.
Besides, this is all moot after the 13th amendment. If you didn’t volunteer for the militia you can’t be for ed to serve in it, because that is involuntary servitude.
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