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The Draft

Inclusion on Compulsion

A news article over the weekend explains that certain “lawmakers” are “leading the effort to allow all Americans ages 18 to 25 to be included for registration with the Selective Service System.”

To “allow”? And “to be included”? 

The allowance and inclusion mean “at gunpoint” … by force of law: the expansion of compulsory draft registration to women, in addition to men, does not mean that lifelong dreams could finally come true. After all, military jobs are already open to women who want to serve … voluntarily.

Young men have long been required to register for a military draft upon punishment of prison for refusal … even though President Reagan, who enforced the law post-​Vietnam, acknowledged “The draft or draft registration destroys the very values our society is committed to defending.”*

After praising “the brave women who have volunteered to serve our country,” Sen. Josh Hawley (R‑Missouri) argues that “volunteering for military service is not the same as being forced into it, and no woman should be compelled to do so.”

He’s right there. 

But neither should men be so compelled. 

And Senators Ron Wyden (D‑Ore.), Cynthia Lummis (R‑Wyo.), Rand Paul (R‑Ky.), and Patrick Leahy (D‑Vt.) have introduced an amendment to the NDAA that would end draft registration completely for “all Americans.”

“The real question now,” as Jeff Jacoby wrote incisively in The Boston Globe, “is whether anyone should still be required to sign up for the draft.”

The answer is easy: No.

The All-​Volunteer Force has been a huge success. Free Americans have and will defend our freedom. 

This is Common Sense. I’m Paul Jacob.


* I know about those precious values as well as about the penalty — 37 years ago today the FBI showed up at my door. And not for coffee. For my refusal to sign a draft form, I spent more than five months in a Federal Correctional Institution (and yet still go around in error from time to time).

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Accountability crime and punishment general freedom The Draft

A Policy Misadventure

The National Commission on Military, National and Public Service released its report today, advocating that Congress should force our daughters to register for the military draft.

“The commission recommended that the United States keep a draft option in place,” explains The New York Times. Commission chair and former Nevada Congressman Joe Heck called it a “low-​cost insurance policy against an existential national security threat.” 

But that flies in the face of former Selective Service Commissioner Bernard Rostker’s testimony: “there is no need to continue to register people for a draft that will not come; no need to fight the battle over registering women, and no military need to retain the MSSA [Military Selective Service Act].”

And speaking of “an existential national security threat,” the scenario Heck put forth at one hearing was a simultaneous invasion from both Canada and Mexico.

Puh-​leeze. 

“This is a necessary and fair step,” states the 255-​page report, according to Politico, “making it possible to draw on the talent of a unified Nation in a time of national emergency.” 

It has always been possible to draw on the talents of the American people — both men and women. Just not to draft folks against their will.

Legitimate arguments for fairness and equality* must not obscure what we are talking about: A step closer to using force to fill the military’s ranks.

There is only one reason for a military draft: the inability of a nation to persuade citizens to voluntarily defend their country. Yet, as I told the commission last year, never have Americans failed to rise to their country’s defense. 

Conversely, too often our “leaders” have substituted foreign misadventures for actual national defense.

This is Common Sense. I’m Paul Jacob.


* More soon on the sort of “equality” being envisioned in the next military draft. 

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general freedom ideological culture moral hazard national politics & policies The Draft U.S. Constitution

Equal or Free?

On Tuesday, the Senate voted to force American women, in their early years, to register for the draft.

Just like men have been required to do since 1980.

The White House threatens to veto the bill, though perhaps on other grounds, since the bill also, in the words of Richard Lardner (AP), “authorizes $602 billion in military spending, bars shuttering the prison at Guantanamo Bay, Cuba, and denies the Pentagon’s bid to start a new round of military base closings.”

The Senate’s social conservative ranks made the whole process leading up to the vote difficult for the mainliners, like Sen. John “Maverick” McCain, who is enthusiastic about registering women. Sen. Ted Cruz expressed alarm at the direction “sexual equality” is taking, and didn’t want to see “girls drafted onto the front lines.”

Decades ago, the Supreme Court had nixed a challenge to draft registration on discrimination lines, reasoning that since women weren’t allowed onto the front lines, there was no cause to force them to register for military conscription.

But now there are women in combat positions. So the old ruling no longer applies. If draft registration isn’t expanded to women, it’s likely to be struck down for men.

We have no draft, we are reminded, mere registration — which our government keeps in place mainly to remind men that they may be drafted.

In the House version of the bill, there’s no draft registration amendment. So there will be negotiations. Maybe a compromise can be reached where neither young men nor women face a military draft* or, likewise, signing up for one.

This is Common Sense. I’m Paul Jacob.

 

* For more on why to oppose the draft, see my essay “The Draft Is Slavery” in J. Neil Schulman, The Rainbow Cadenza, pulpless​.com edition (1999).


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Accountability folly general freedom moral hazard U.S. Constitution

Not Drafting Our Daughters?

Sometimes politicians have trouble making up their minds. During election years — with the looming prospect of voters having a say — their decision-​making process becomes even more perilous.

Take the idea of forcing young women to register for the draft. Young men must, under threat of five years in prison, a $250,000 fine and the loss of government benefits — all the way down to denying a driver’s license to non-​registrants in many states. So why not force women to sign up for forced military service?

For equality!

Just days ago, it seemed nearly everyone was for conscripting our daughters — or, at least, registering them for future conscription. Obama’s Secretary of Defense Ash Carter and military leaders enthusiastically endorsed the idea. So did Republican Senate Majority Leader Mitch McConnell.

In recent weeks, legislation beginning mandatory draft registration of women, ages 18 – 26, passed both the House Armed Services Committee and the Senate Armed Services Committee. Then, all the sudden — poof! — that provision was ripped out of the House bill.

“This is a dead-​of-​night attempt to take an important issue off the table,” complained the ranking Democrat on House Armed Services, Rep. Adam Smith of Washington.

Timing is everything, in comedy and politics. Congressional leaders don’t want to take any pro-​draft action now, not with an election just six short months away.

“We have a choice to make,” Rep. Mike Coffman (R‑Colo.) argues, “either we continue with Selective Service and have women be a part of it, or we abolish it altogether.” Coffman advocates the latter, having introduced a bipartisan bill with Rep. Jared Polis (D‑Colo.), H.R. 4523, to end draft registration and close the superfluous agency.

That’s Common Sense, especially in an election year. I’m Paul Jacob.


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crime and punishment general freedom moral hazard national politics & policies

Needless List?

Are Republican presidential candidates getting the NFL draft and the military draft confused?

Get drafted by the NFL and you’re a millionaire. Participation is voluntary. Get “chosen” by the Selective Service System for the military draft and you could wind up in combat. Participation is involuntary.

Last Sunday at Townhall, I wondered why Republican presidential candidates keep talking about registering young females for a future draft like they are bestowing some great benefit, as if women are clamoring for the equal chance to be conscripted.

Sen. Marco Rubio first agreed that draft registration should be expanded to women. He then elaborated, “I’m open to Selective Service being opened up to women that want to be a part of it.”

Wait a second … the current male-​only draft registration isn’t optional. It’s mandatory — under the threat of five years in prison and a $250,000 fine. This I know first-hand.

After Sen. Ted Cruz suggested Rubio and other presidential contenders were “nuts” to support forcing women to register, Rubio tried to explain on Fox News Sunday: “What I’ve never said and I don’t support is that we are going to draft women and force them into combat roles. That’s absurd.”

The senator volunteered that he did not “believe anyone ever will” be drafted, because “that’s not the nature of modern warfare.”

“I’m actually in favor of a volunteer armed forces,” he told host Chris Wallace. “I’m not even sure we need Selective Service anymore.”

Calling it “just a registry of names for a draft that’s never going to happen,” Rubio added, “I don’t know why we still have Selective Service.”

Me neither.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom moral hazard national politics & policies The Draft too much government U.S. Constitution

Junk the Law

Would your favorite presidential candidate force women to register for the military draft?

A federal court case, National Coalition for Men v. Selective Service System, is bouncing around the Ninth Circuit. It challenges the male-​only draft registration program as discriminatory against men.

Thirty-​five years ago, when yours truly was fighting the draft, the U.S. Supreme Court upheld a male-​only program because women were then barred from combat. Now the All-​Volunteer Force has opened all military fields to women, including combat roles. It follows that the federal courts will likely strike down male-​only registration.

What will Congress do? What will the next commander-​in-​chief advocate? Allow the program to end — or mandate that both young men and young women register?

Hillary Clinton answered this question in 2008, during her first run for the presidency: yes, register women for the military draft.

What about the other presidential hopefuls?

Back in 1980, then-​candidate Ronald Reagan pledged to end it, saying that conscription (and registration for it) “destroys the very values our society is committed to defending.”

Sadly, President Reagan continued draft registration, prosecuting me and others.

“The question is nothing less, than whether the most essential rights of personal liberty shall be surrendered,” the great Daniel Webster railed against conscription, “and despotism embraced in its worst form.”

Men and women have an equal right to freedom — not conscription. Free people will always volunteer to defend their country.

This is Common Sense. I’m Paul Jacob.


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