Law & Legal & Attorney Military

Why Was the Military Draft Used?

    Function

    • The military draft was used throughout American history in an effort to provide enough soldiers for combat effectiveness during wartime. When a war was fought by the United States, many times there were not enough volunteers to support the needs of the armed forces. During these occasions, the federal government issued orders of conscription. All eligible people were placed into a pool of possible draftees and chosen by a manner appropriate to the time period.

    History

    • The first use of federally-sponsored conscription occurred during the Civil War. Both the North and the South used the draft in an effort to bolster forces. The military draft was again used in World War I during the war in Europe. After a brief hiatus, the federal government instituted a rigorous draft following the attack on Pearl Harbor. This state of emergency was effectively kept in place through World War II, the Korean conflict and Vietnam, including peacetime. In 1973, the Nixon administration and the federal government ended the practice as the war in Southeast Asia drew to a close.

    Effects

    • At the height of the military draft, 1964 to 1973, 9.2 million men served in the armed forces. Of these, 2,215,000 were selected through conscription. Many potential draftees chose to join alternative branches of the military such as the Navy, Air Force, Coast Guard, National Guard and Reserves. In addition, many young men joined the ministry due to the exemption from the draft. During this period 16 million men were not engaged in military service. Of these, 96 percent were deferred for educational reasons, disqualified for health or exempted. Of the remaining 4 percent, 500,000 failed to act in accordance with the draft, many of them fleeing the country to avoid service.

    Significance

    • The use of the military draft resulted in a number of court cases in the United States. In response to this, the Supreme Court ruled in 1918 that the World War I draft was in accordance with the U.S. Constitution. The court decided that compulsory military service was a power of the federal government, mandated in Congress's power to create standing armies. During the Vietnam War, the question again arose, with an appellate court noting that conscription without a declaration of war should be addressed by the Supreme Court.

    Considerations

    • In response to a number of individuals facing jail time for declining the military draft, the Selective Service System established parameters for conscientious objectors. According to the Supreme Court, conscientious objectors must have a moral or ethical reason for failing to take part in war. However, the military draft is still used in these situations. Objectors who object to combat itself will be given service within the military in a noncombat capacity. Those who wholly object to the military, are given service in the community that will benefit the well-being of the nation.

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