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To: freeeee; ctdonath2
I was wrong about the wages, but the Supremes have ruled that the XIIIth Amendment doesn't apply to conscription

Selective Draft Law Cases, 245 U.S. 366 (1918). The Court's analysis, in full, of the Thirteenth Amendment issue raised by a compulsory military draft was the following: ''As we are unable to conceive upon what theory the exaction by government from the citizen of the performance of his supreme and noble duty of contributing to the defense of the rights and honor of the nation, as the result of a war declared by the great representative body of the people, can be said to be the imposition of involuntary servitude in violation of the prohibitions of the Thirteenth Amendment, we are constrained to the conclusion that the contention to that effect is refuted by its mere statement.'' Id. at 390. While the Supreme Court has never squarely held that conscription need not be premised on a declaration of war, indications are that the power is not constrained by the need for a formal declaration of war by ''the great representative body of the people.'' During the Vietnam War (an undeclared war) the Court, upholding a conviction for burning a draft card, declared that the power to classify and conscript manpower for military service was ''beyond question.'' United States v. O'Brien, 391 U.S. 367, 377 (1968). See also United States v. Holmes, 387 F.2d 781, 784 (7th Cir. 1968) (''the power of Congress to raise armies and to take effective measures to preserve their efficiency, is not limited by either the Thirteenth Amendment or the absence of a military emergency''), cert. denied 391 U.S. 956 .

99 posted on 11/12/2003 12:10:00 PM PST by CholeraJoe (That others may live)
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To: CholeraJoe
Selective Draft Law Cases, 245 U.S. 366 (1918)

Very interesting. This presumes/trusts the conscription is for legitimate national defense. Read the bill carefully - it is not.

188 posted on 11/12/2003 1:30:01 PM PST by ctdonath2
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