According to historian Robert Higgs (
Crisis And Leviathan), the original rationale for conscription was that it was simply a form of tax payment -- in-kind (military service) rather than in legal tender. (Inasmuch as a 1934 Supreme Court decision asserted that Congress could quite legitimately impose 100% tax rates -- that it had not done so was merely an act of "legislative grace" -- this is perfectly consistent with "the needs of the State come first" social reasoning.) The whole question of whether conscription constitutes involuntary servitude was bypassed.
If your blood isn't running cold yet, you haven't had enough coffee.
Anyone who understands the connection between a man's labor and his life can see the web that connects conscription and direct taxation. And anyone who's frank enough to allow that conscription is just another form of tax payment must then admit that Americans are, at best, about 60% free. We will leave the government's assertion of a power to impose 100% taxation -- the entire value of your life, whether through conscription or the imposition of a 100% tax rate on your earnings -- for a later analysis.
Freedom, Wealth, and Peace,
Francis W. Porretto
Visit The Palace Of Reason:
http://palaceofreason.com
Why later? I'm listening. Since I've long advocated that property crimes are partial murders, and ought to be punished as such, I'm very interested in hearing your elaboration on this. Please do.
The draft is merely the calling up of selective members of the unorganized militia per the Militia Act of 1792.