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To: cripplecreek

Why not debate its rightness or wrongness. I’ll go first. Not only is the draft wrong, it is illegal. Not only is there no delegated draft power, but it is not necessary for any other power and violates the ban on involuntary servitude.


28 posted on 09/15/2012 2:14:05 PM PDT by Tublecane
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To: Tublecane

Go ahead and debate it. I’m not going to.


30 posted on 09/15/2012 2:15:25 PM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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To: Tublecane; Red Steel; David; theothercheek; jazminerose; GreatOne; holdonnow; SunkenCiv; vet7279; ..
Not only is the draft wrong, it is illegal. Not only is there no delegated draft power, but it is not necessary for any other power and violates the ban on involuntary servitude.

The SCOTUS has already ruled at least a few times on the constitutionality of the military draft, and its conclusions differ from yours. They held that the draft was constitutional under the "necessary and proper" clause in that it was deemed necessary and proper in order for Congress to fulfill its constitutional power to raise an army and navy and other military services. That power superseded any Thirteenth Amendment consideration of involuntary servitude because, according to the SCOTUS, it was in the original Constitution and was not explicitly overridden by the Amendment.

I don't necessarily disagree with the argument that a military draft is involuntary servitude, but merely point out that there is already established constitutional law on this question.

51 posted on 09/15/2012 3:14:42 PM PDT by justiceseeker93
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