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To: Mulder
From the Supremes back in 1918 or so

The highest duty of the citizen is to bear arms at the call of the nation. This duty is inherent in citizenship; without it and the correlative power of the State to compel its performance society could not be maintained. Vattel, Law of Nations, Book III, c. 2, §§ 8, 10. It is a contradiction in terms to say that the United States is a sovereign and yet lacks this power of self-defense. Hence, the power was expressly granted by the Constitution. Art. I, § 8. It is found in the power to declare war, which means a power to carry on war successfully, i.e., with the means necessary. Vattel, Book III, c. 2, § 7; United States v. Sugar,243 Fed. Rep. 423, 436; Kneedler v. Lane, 45 Pa. St. 238. Also in the power to raise and support armies, which is conferred broadly, and without limitation, other than the restriction that appropriations to support armies shall not exceed two years. There is no provision limiting the means to voluntary enlistment. On the contrary, Congress is expressly empowered to use all means necessary and proper to carry out the express grant. Hence, the power to resort either to voluntary enlistment or to enforced draft is express. Selective draft is not only an appropriate means but under the conditions of modern warfare the most prudent, just, and equitable method which can be employed. That the power to compel military service is an incident of sovereignty appears from the custom of nations. Compulsory service is now exacted by practically all the nations of the globe. The compulsory draft was a normal method of raising armies in the United States in 1787 when the Constitution was adopted. It was expressly recognized in many state constitutions, was enforced by the States for local purposes in calling out the militia, and also for obtaining levies to fill the ranks of the Continental Army. The constitutions of five States during the Revolutionary War period express the principle of universal military service. Militia duty was imposed upon all arms-bearing citizens of the original thirteen States during the eighteenth century. The Continental Congress recommended it to the States as a means of recruiting the Continental Army; and the numerous statutes enacted pursuant to those recommendations [space will not permit of their citation here] conclusively determine the meaning which the framers of the Constitution attached to the power to raise armies. The history of this clause in the Convention shows a definite intent not to limit the nation to voluntary enlistments. Supp. Elliot's Debates, vol. 5, pp. 378, 379, 443, 510, 511, 553; Farrand's Records of the Federal Convention, vol. 2, pp. 323, 330, 505, 509, 570, 595. Several of the States, in ratifying the Constitution, proposed amendments to limit the power of Congress to raise armies by draft, Journals of Congress, vol. 13, appendix, pp. 176, 184, Folwell's Press, 1801; Elliot's Debates, vol. 1, p. 336; vol. 3, p. 659; vol. 4, pp. 242, 244, 251, 252; and their rejection shows not only that the language employed was intended to include the power to draft but also that this was the contemporary interpretation. A prime object of the Constitution was to cure the impotence of the Continental Congress directly to require military service from the citizens of the States. Articles of Confederation, 7, 9 (1 Stat. 6, 7); Federalist, No. 22, p. 143, No. 23, pp. 152, 153; 7 Sparks, Writings of Washington, pp. 162, 167.

30 posted on 02/14/2003 12:46:40 PM PST by templar
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To: templar
"From the Supremes back in 1918 or so "

Thanks for the cite!
33 posted on 02/14/2003 12:49:56 PM PST by MineralMan
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To: templar
I actually have to agree with your #30. The USSC stated it nicely. The problem is that our current goobermint doesn't know what a war is. Everything is a "war". Wars, today, have no end, no purpose, and no meaning. The "Korean War" is still going on by means of a truce with a nation would kick the snot out of overnight, Viet Nam was never allowed to be won, and all other conflicts have never been wars about defeating a known enemy.
40 posted on 02/14/2003 12:59:27 PM PST by PatrioticAmerican (Arm Up! They Have!)
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To: templar
From the Supremes back in 1918....

No need to read any further. The 1910's were as definitive a time as any when our legitimate government was overthrow.

The Federal Reserve Act, Income Tax, and our involvement in WWI all occured during this ominous decade.

Anyway, given the record of the Supreme Court over the last century, you can pretty much take the opposite of what they rule and have a good chance of being right.

86 posted on 02/14/2003 2:46:08 PM PST by Mulder (Guns and chicks rule)
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