The Draft is UNCONSTITUTIONAL

Discussion in 'US Constitution' started by basquebromance, Jun 23, 2018.

  1. TNHarley
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    TNHarley Diamond Member

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    I totally agree. The Constitution has been raped more than Bill Cosbys victims.
    Its sad. And anti-American.
     
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  2. DGS49
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    DGS49 Gold Member

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    Article I, Section 8 of the United States Constitution:

    "The Congress shall have the power to...raise and support Armies..."

    The power to compel citizens to serve in the "Army" is implicit in the power to raise "Armies." Even with today's "all volunteer army" if a need arose that demanded more soldiers than were willing to enlist, the Congress could re-establish the draft and compel the selected people to serve. If they refused, they would be subject to legal sanctions, up to and including execution for treason.

    Recent changes in law and interpretations of the Constitution would require that any new Draft law be somewhat different than in the past, including women as draftees, but the basic right to have a military draft is clearly Constitutional.

    It would be fun to see...exposing all the pussies and snowflakes for what they are. Like the OP.

    It would also be good policy. Eliminating the draft was one of Carter's biggest mistakes.
     
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  3. joaquinmiller
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    joaquinmiller Diamond Member

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    Carter? You may want to fact-check yourself.
     
  4. joaquinmiller
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    joaquinmiller Diamond Member

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    The Militia Clause in the Constitution gave Congress the authority to organize and arm the militia. The First Militia Act of 1792 put the States' militias under the authority of the President. The Second Militia Act of 1792 called for the conscription (draft) of every "free able-bodied white male citizen" between the ages of 18 and 45 into a local militia company. Congress passed it, G. Washington signed it.

    During the Civil War, it was expanded to include all males 18 to 54, regardless of color.
     

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