Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: MineralMan
The first test of the Constitutionality of the military draft occured in 1918, where the defendant cited the 13th Amendment as the reason the draft was invalid. Inasmuch as the 13th Amendment was clearly intended to ban chattel slavery, not service in the Federal military, the grounds were invalid and the Supreme Court at the time correctly ruled in this matter.

The problem with Supreme Court and lower court decisions since at least the New Deal era is that previous jurisprudence and traditional interpretations were abandoned in favor of a view of the Constitution as a living document. In order words, it means whatever the justices say it means, rather than the original intent of the framers. This concept has led to a massive expansion of Federal power at the expense of states rights and individual liberties. Even jurists like Antonin Scalia and Robert Bork, generally considered conservative, accept the "living document" view of the Constitution to some extent. Also, many "law and order" advocates look at the draft as a type of right-wing social engineering and therefore approve it even if they scream at left-wing social engineering like affirmative action.

If we are to be true to the Constitution's original intent, there cannot be a Federal military draft unless it is amended to do so. Anything else is just another example of the "penumbras" that liberals see in the document and that conservatices decry.

18 posted on 02/14/2003 12:31:18 PM PST by Wallace T.
[ Post Reply | Private Reply | To 14 | View Replies ]


To: Wallace T.
Thank you for the information. Since the SCOTUS is defined in the body of the Constitution as the arbiter of constitutional issues, I see no valid argument.
21 posted on 02/14/2003 12:33:05 PM PST by MineralMan
[ Post Reply | Private Reply | To 18 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson