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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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Categories
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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Marco Rubio, draft, selective service

 


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Categories
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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by Paul Jacob video

Video: Time Capsule (The Draft)

This is a blast from the past. Cut to the 5:33 mark to begin the interview proper.

Thirty years ago, on this date, Paul Jacob was arrested by three FBI agents for not registering for the draft.

Categories
general freedom national politics & policies

Man Attacks Success

“Over the past decade, this all-volunteer force has been put to the test and has succeeded,” wrote Thomas E. Ricks, a fellow at the Center for a New American Security, in Sunday’s Washington Post.

But Ricks argues that this success is “precisely the reason” that now is the “time to get rid of the all-volunteer force. It has been too successful.”

Scrap success! Instead, Ricks raves we should “[resume] conscription . . . to reconnect the people with the armed forces” even though, admittedly, a draft “would cause problems for the military.”

Though on this latter point I catch a whiff of understatement, Ricks has a legitimate concern. “Our relatively small and highly adept military” makes “it all too easy for our nation to go to war,” he wrote, “and to ignore the consequences.” America now takes to war far too easily. Only one man (the president) decides, really, where and when the U.S. goes to war, and he puts it all on the national credit card.

So the answer is giving the Commander-in-Chief more resources? What Ricks risks is giving the president and his back-room boys a blank check on the manpower of our children.

The only effective check (as in check-and-balance) would be, I guess, a vote every four years. Oh, and the presidential term limit.

You are probably thinking: What about Congress? Unfortunately, it’s congressional dereliction of duty that’s got us here in the first place.

Which brings us back to first principles. And here the case is clear: Ricks’s prescription is wrong because conscription is wrong. Dictators conscript “their” subjects; a free society finds voluntary defenders.

This is Common Sense. I’m Paul Jacob.

Categories
general freedom The Draft

Following My Conscience

In 1984, twenty-seven years ago this very day, three FBI agents pushed their way into my North Little Rock, Arkansas, home and placed me under arrest.

My crime? Violating the Military Selective Service Act — that is, absolutely, positively, publicly refusing to register for the military draft. (I’d have resisted civilian service just as ardently.)

Some folks might call it dodging the draft. But not so — I met the draft head on, and in the great spirit of civil disobedience, I resisted.

Of course, there was no actual draft of young men into the military, simply a bureaucratic and regimented preparation for conscription. Seemed like the optimum time to let Uncle Sam know not to plan on me.

Rest assured, had the country been attacked I’d have been there lickety-split. It was not the military or defending the country to which I objected; it was doing it as a conscript — a slave — rather than as a free man.

I expressed my rationale in detail in several of my writings below, from 27 years ago as well as more recently. But my view was and remains neither radical nor alien, tracking, as it does, with what Ronald Reagan said in 1980: “The draft or draft registration destroys the very values our society is committed to defending.”

As is par for the political course, it was Mr. Reagan’s Justice Department that prosecuted me for continuing to stand up for those “values.” U.S. Rep. Ron Paul, today a presidential candidate, testified on my behalf at trial.

At the trial, the prosecutors freely admitted they had every stitch of personal information the government needed the better to spit me out a draft notice should they decide to conscript young Americans. They lacked only my signature on the form.

But that is what they wanted most: my acquiescence. The law said I must “present myself and submit” to registration. I had not submitted to it; I would not — could not in good conscience do so.

At 24 years of age, with wife and an eight-month old daughter, it was certainly a bit disconcerting to begin my adulthood, my career, as a felon. Moreover, to take that risk simply on the principle of the matter, that conscription is un-American, a totalitarian idea, and not because I was actually threatened with being drafted.

Had I wished not to serve, I could have signed up only to refuse to go when the draft notice arrived . . . or I could have quietly refused to register, and faced no threat of being prosecuted. But my goal wasn’t to personally escape the draft. It was to prevent the draft from coming back, to prevent the damage the draft does to our freedom and our country by enabling a foreign policy of acting as the world’s policemen.

Some disagree with the politics of my stand. They have a right to their opinion. But I think that what we ask of everyone should be to do what they believe is right. Not to be a silent spectator, but to speak up and, when necessary, to take action.

In the end, I was convicted and served five and a half months in a Federal Correctional Institution. For better or worse, the “correction” didn’t take.

And never for an instant have I regretted doing what I thought was right.

This is Common Sense. I’m Paul Jacob.

 

further reading:

Why I Refuse to Register, 5/17/1985

Draft the Congress and Leave My Kids Alone, 12/28/2003

Americans Gung-Ho to Draft Congress, 1/4/2004