View Poll Results: Draft?

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Thread: Does a Country have the right to the draft during a time of war.

  1. #21
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    Re: Does a Country have the right to the draft during a time of war.

    Quote Originally Posted by Harshaw View Post
    Governments don't have rights against their people. They have powers.

    But mustering -- or drafting -- in defense of the nation is surely a legitimate power.

    Of course, one of the few things I agreed with Eugene V. Debs on was that the 13th Amendment took that power away from the US government.

    It says:



    It differentiated involuntary servitude, which drafted military service is, from slavery, and it carved out one, that is, ONE exception to involuntary servitude, and that was as punishment for crime after due conviction. It did not exempt military service from the prohibition.

    Some argue that the power to draft comes from the militia clauses of Article I, which I wouldn't really dispute, but that doesn't matter -- the 13th Amendment is sweeping, broad, and would supersede any previous clause.
    Doesn't the Judiciary also weigh the intent of an amendment or constitutional clause as well as it's textual literalism? Considering that we maintained a conscripted military and continued to draft troops after the amendment was passed during the Civil War it seems that this was hardly the intent of Congress.

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    Re: Does a Country have the right to the draft during a time of war.

    Quote Originally Posted by cpgrad08 View Post
    This came up in another thread. Do you believe that a country was the right to draft it's citizens into it's armed forces during a time of war.

    I personally believed that it does if that country is going to survive.


    Added in:

    In regards to the United States I'm talking about an official declaration of war being declared.
    Countries basically have the "right" to do whatever they wish to do, provided the citizens are willing to accept it. America is different in that it is not allowed to do whatever it wishes to do if its wishes go against constitutional protections. That said, America had conscription and the draft for decades, I dare say generations, so clearly it has the constitutional right to declare a draft. Whether the citizens would accept this or not would, in my opinion, depend purely upon the situation. Major world conflict, our country itself in jeopardy, I believe nearly all citizens would rally to defeat a common enemy, despite the personal cost, and would accept the draft as a survival necessity.

    Otherwise, hell no, they won't go.

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    Re: Does a Country have the right to the draft during a time of war.

    Quote Originally Posted by Sherman123 View Post
    Doesn't the Judiciary also weigh the intent of an amendment or constitutional clause as well as it's textual literalism? Considering that we maintained a conscripted military and continued to draft troops after the amendment was passed during the Civil War it seems that this was hardly the intent of Congress.
    The only thing that the courts seem to think the 13th amendment applies to is blacks and then only if it's chattel slavery. Every time its obvious something is involuntary servitude the court brings up the conditions of black slavery so they can keep the law in question around. It's just pathetic, imho.
    Last edited by Henrin; 12-01-13 at 11:28 PM.

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    Re: Does a Country have the right to the draft during a time of war.

    I say yes but with a caveat: conscription would be necessary if the U.S. was invaded but not necessary in foreign adventures like Vietnam, Iraq or Afghanistan.

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    Re: Does a Country have the right to the draft during a time of war.

    In my opinion no country has this right to make people enter a force that may cost them themselves.


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    Re: Does a Country have the right to the draft during a time of war.

    of course how would else that country will survive?

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    Re: Does a Country have the right to the draft during a time of war.

    I would have said yes prior to Clinton's silly excursion into Bosnia and Haiti and now Obama's mindless ricocheting around the Middle East. Now, it's tough to consider one man's political or bribed military exercises around the world sufficient to subject our young people to his uncaring madness.

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    Re: Does a Country have the right to the draft during a time of war.

    I believe in conscription in peace time and during war. Someone who is part of society should take it as a duty to defend their nation if they are threatened or attacked.

    This is where the Israelies are smart. They have a trained populace as military service is compulsory. They can rely on civilians who know how the military works, know how to use weapons and know how to take care of themselves. Tis a bit late when a country is attacked, to begin training because it takes some weeks to go through training. Smarter to have it already done.

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    Re: Does a Country have the right to the draft during a time of war.

    Quote Originally Posted by Ray410 View Post
    I would have said yes prior to Clinton's silly excursion into Bosnia and Haiti and now Obama's mindless ricocheting around the Middle East. Now, it's tough to consider one man's political or bribed military exercises around the world sufficient to subject our young people to his uncaring madness.
    There were no frivolous wars prior to the 1990's?
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  10. #30
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    Re: Does a Country have the right to the draft during a time of war.

    Quote Originally Posted by cpgrad08 View Post
    Do you believe that a country was the right to draft it's citizens into it's armed forces during a time of war.
    Not so much a right as a power, but yes. The Congress has the power to raise and fund an army for war, part of that would include calling upon, and organizing the Militia via conscription. The Militia is every able bodied male between the ages of 17 and 45, according to Title 10 Chapter 13 Section 133 of the US Code. Having been against it in the past due to the unreliability and low quality of draftees who aren't exactly thrilled about mandatory service, I will say that it's a hell of a lot better than the stop loss program.

    I will add that if they draft me, they better not still have the ACU.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

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