Military Draft

Historical Analysis of the Military Draft Policy

Military Draft Conditions

The Constitution adopted in 1789 gave Congress the "power to raise and support armies," but it neither mentioned nor prohibited conscription. The Framers left that issue to the future, although most of them believed that the United States like Britain would enlist its men rather than conscript them, and would pay for its armies through the power to tax. Not until World War I did the United States rely primarily upon conscription. The Selective Service Act of 1917 was adopted in large part because a civilian-led "preparedness" movement had persuaded many Americans that a selective national draft was the most equitable and efficient way for an industrial society to raise a wartime army. Woodrow Wilson overcame considerable opposition, particularly from agrarian isolationists in the South and West and ethnic and ideological opponents of the war in the North, to obtain the temporary wartime draft. (Berger 1981)

For more than 50 years, Selective Service and the registration requirement for America's young men have served as a backup system to provide manpower to the U.S. Armed Forces. President Franklin Roosevelt signed the Selective Training and Service Act of 1940 which created the country's first peacetime draft and formally established the Selective Service System as an independent Federal agency. From 1948 until 1973, during both peacetime and periods of conflict, men were drafted to fill vacancies in the armed forces which could not be filled through voluntary means. (Gerhardt 1971)

A lottery drawing - the first since 1942 - was held on December 1, 1969, at Selective Service National Headquarters in Washington, D.C. This event determined the order of call for induction during calendar year 1970, that is, for registrants born between January 1, 1944 and December 31, 1950. Reinstitution of the lottery was a change from the oldest first method, which had been the determining method for deciding order of call. 366 blue plastic capsules containing birth dates were placed in a large glass jar and drawn by hand to assign order-of-call numbers to all men within the 18-26 age range specified in Selective Service law. With radio, film and TV coverage, the capsules were drawn from the jar, opened, and the dates inside posted in order. The first capsule - drawn by Congressman Alexander Pirine (R-NY) of the House Armed Services Committee - contained the date September 14, so all men born on September 14 in any year between 1944 and 1950 were assigned lottery number 1. The drawing continued until all days of the year had been matched to lottery numbers. (Berger 1981)

In 1973, the draft ended and the U.S. converted to an All-Volunteer military. The registration requirement was suspended in April 1975. It was resumed again in 1980 by President Carter in response to the Soviet invasion of Afghanistan. Registration continues today as a hedge against underestimating the number of servicemen needed in a future crisis. (Berger 1981)

Draft Procedure and Policy

When a crisis occurs which requires more troops than the volunteer military can supply, Congress passes and the President signs legislation which starts a draft. It should be noted that the President cannot initiate a draft on his own. Congress would first have to pass legislation (both the House and Senate), and the President would have to sign the bill into law. A lottery based on birthdays determines the order in which registered men are called up by Selective Service. The first to be called, in a sequence determined by the lottery, will be men whose 20th birthday falls during that year, followed, if needed, by those aged 21, 22, 23, 24 and 25. The Agency activates and orders its State Directors and Reserve Forces Officers to report for duty. Registrants with low lottery numbers are ordered to report for a physical, mental, and moral evaluation at a Military Entrance Processing Station to determine whether they are fit for military service. Once he is notified of the results of the evaluation, a registrant will be given 10 days to file a claim for exemption, postponement, or deferment. It is possible that Congress could decide to lessen the standards during a draft. However, Congress would have to do so by either including the changed standards in the draft legislation, or by separate legislative action. Local and Appeal Boards will process registrant claims. Those who pass the military evaluation will receive induction orders. An inductee will have 10 days to report to a local Military Entrance Processing Station for induction. According to current plans, Selective Service must deliver the first inductees to the military within 193 days from the effective date of draft legislation. (Flynn 2002)

Registration

While a draft is not likely, registration for the draft (for males) is a reality. Almost all male U.S. citizens, and male aliens living in the U.S., who are 18 through 25, are required to register with Selective Service.

* CONSEQUENCES FOR NOT REGISTERING

The maximum penalty for failing to register with Selective Service is a $250,000 fine and up to five years in prison. Failure to register will cause ineligibility for a number of federal and state benefits including:

* FEDERAL JOBS

A man must be registered to be eligible for jobs in the Executive Branch of the Federal government and the U.S. Postal Service. This applies only to men born after December 31, 1959.

* STUDENT FINANCIAL AID

Men who are not registered with Selective Service cannot obtain Federal student loans or grants. This includes Pell Grants, College Work Study, Guaranteed Student/Plus Loans, and National Direct Student Loans.

* CITIZENSHIP

The U.S. Immigration and Naturalization Service (INS) makes registration with Selective Service a condition for U.S. citizenship, if the man first arrived in the U.S. before his 26th birthday and was required to register.

* FEDERAL JOB TRAINING

The Workforce Investment Act (formerly JTPA) offers important job-training opportunities. This program is only open to those men who register with Selective Service.

* STATE JOBS, LOANS, AND TRAINING

Most states have added additional penalties for those who fail to register with Selective Service.

* STATE DRIVER'S LICENSE LEGISLATION

As of May 16, 2002, 19 states, 2 territories, and the District of Columbia have enacted driver's