Conscription In The United States
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United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
, military conscription, commonly known as the draft, has been employed by the
U.S. federal government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fed ...
in six conflicts: the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
, the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states ...
,
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
,
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
, the
Korean War , date = {{Ubl, 25 June 1950 – 27 July 1953 (''de facto'')({{Age in years, months, weeks and days, month1=6, day1=25, year1=1950, month2=7, day2=27, year2=1953), 25 June 1950 – present (''de jure'')({{Age in years, months, weeks a ...
, and the
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. The fourth incarnation of the
draft Draft, The Draft, or Draught may refer to: Watercraft dimensions * Draft (hull), the distance from waterline to keel of a vessel * Draft (sail), degree of curvature in a sail * Air draft, distance from waterline to the highest point on a vesse ...
came into being in 1940, through the Selective Training and Service Act. It was the country's first peacetime draft. From 1940 until 1973, during both peacetime and periods of conflict, men were drafted to fill vacancies in the
U.S. Armed Forces The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...
that could not be filled through voluntary means. Active conscription in the United States ended in 1973, when the U.S. Armed Forces moved to an all-volunteer
military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. However, conscription remains in place on a contingency basis and all male U.S. citizens, regardless of where they live, and male immigrants, whether documented or undocumented, residing within the United States, who are 18 through 25 are required to register with the Selective Service System. United States federal law also continues to provide for the compulsory conscription of men between the ages of 17 and 45 and certain women for
militia A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
service pursuant to Article I, Section 8 of the United States Constitution and 10 U.S. Code § 246.


History


Colonial to 1862

In
colonial times The ''Colonial Times'' was a newspaper in what is now the Australian state of Tasmania. It was established as the ''Colonial Times, and Tasmanian Advertiser'' in 1825 in Hobart, Van Diemen's Land Van Diemen's Land was the colon ...
, the
Thirteen Colonies The Thirteen Colonies, also known as the Thirteen British Colonies, the Thirteen American Colonies, or later as the United Colonies, were a group of British colonies on the Atlantic coast of North America. Founded in the 17th and 18th cent ...
used a
militia A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
system for defense.
Colonial militia Colonial troops or colonial army refers to various military units recruited from, or used as garrison troops in, colonial territories. Colonial background Such colonies may lie overseas or in areas dominated by neighbouring land powers such ...
laws—and after independence those of the United States and the various states—required able-bodied males to enroll in the militia, to undergo a minimum of military training, and to serve for limited periods of time in war or emergency. This earliest form of conscription involved selective drafts of militiamen for service in particular campaigns. Following this system in its essentials, the Continental Congress in 1778 recommended that the states draft men from their militias for one year's service in the Continental Army; this first national conscription was irregularly applied and failed to fill the Continental ranks. For long-term operations, conscription was occasionally used when volunteers or paid substitutes were insufficient to raise the needed manpower. During the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
, the states sometimes drafted men for militia duty or to fill state Continental Army units, but the central government did not have the authority to conscript except for purposes of naval impressment. Post Ratification of the Constitution, Article I.8.15, allows for Congress to conscript. Giving it the power to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; Section 8.16 of the same article, allows Congress to provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress. Article II.2.1 makes the President the commander in chief of the militia. The Second Militia Act of 1792 defined the first group who could be called up as “each and every free able-bodied white male citizen” between the ages of 18 and 45. During the
War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States, United States of America and its Indigenous peoples of the Americas, indigenous allies against the United Kingdom of Great Britain and Ireland, United Kingdom ...
, President
James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...
and his Secretary of War
James Monroe James Monroe ( ; April 28, 1758July 4, 1831) was an American statesman, lawyer, diplomat, and Founding Father who served as the fifth president of the United States from 1817 to 1825. A member of the Democratic-Republican Party, Monroe was ...
unsuccessfully attempted to create a national draft of 40,000 men. The proposal was fiercely criticized on the House floor by antiwar Congressman
Daniel Webster Daniel Webster (January 18, 1782 – October 24, 1852) was an American lawyer and statesman who represented New Hampshire and Massachusetts in the U.S. Congress and served as the U.S. Secretary of State under Presidents William Henry Harrison ...
of
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.


Civil War

The United States first employed national conscription during the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states ...
. The vast majority of troops were volunteers; of the 2,200,000 Union soldiers, about 2% were draftees, and another 6% were substitutes paid by draftees. The Confederacy had far fewer inhabitants than the
Union Union commonly refers to: * Trade union, an organization of workers * Union (set theory), in mathematics, a fundamental operation on sets Union may also refer to: Arts and entertainment Music * Union (band), an American rock group ** ''Un ...
, and Confederate President Jefferson Davis proposed the first conscription act on March 28, 1862; it was passed into law the next month. Resistance was both widespread and violent, with comparisons made between conscription and slavery. Both sides permitted conscripts to hire substitutes to serve in their place. In the Union, many states and cities offered bounties and bonuses for enlistment. They also arranged to take credit against their draft quota by claiming freed slaves who enlisted in the Union Army. Although both sides resorted to conscription, the system did not work effectively in either. The
Confederate Congress The Confederate States Congress was both the provisional and permanent legislative assembly of the Confederate States of America that existed from 1861 to 1865. Its actions were for the most part concerned with measures to establish a new na ...
on April 16, 1862, passed an act requiring military service for three years from all white males aged 18 to 35 not legally exempt; it later extended the obligation. The U.S. Congress passed the
Militia Act of 1862 The Militia Act of 1862 (, enacted July 17, 1862) was an Act of the 37th United States Congress, during the American Civil War, that authorized a militia draft within a state when the state could not meet its quota with volunteers. The Act, fo ...
which mirrored the 1792 Act except to allow African-Americans to serve in the militias and authorizing a militia draft within a state when it could not meet its quota with volunteers. This state-administered system failed in practice and Congress passed the Enrollment Act of 1863, the first genuine national conscription law, replacing the Militia Act of 1862, which required the enrollment of every male citizen and those immigrants (aliens) who had filed for citizenship, between 20 and 45 years of age, unless exempted by the Act. It set up under the Union Army an elaborate machine for enrolling and drafting men. Quotas were assigned in each state, the deficiencies in volunteers required to be met by conscription. Still, men drafted could provide substitutes, and until mid-1864 could even avoid service by paying commutation money. Many eligible men pooled their money to cover the cost of any one of them drafted. Families used the substitute provision to select which member should go into the army and which would stay home. The other popular means of procuring a substitute was to pay a soldier whose period of enlistment was about to expire—the advantage of this method was that the Army could retain a trained veteran in place of a raw recruit. Of the 168,649 men procured for the Union Army through the draft, 117,986 were substitutes, leaving only 50,663 who had their personal services conscripted. There was much evasion and overt resistance to the draft, and the
New York City draft riots The New York City draft riots (July 13–16, 1863), sometimes referred to as the Manhattan draft riots and known at the time as Draft Week, were violent disturbances in Lower Manhattan, widely regarded as the culmination of white working-cla ...
were in direct response to the draft and were the first large-scale resistance against the draft in the United States. The problem of Confederate desertion was aggravated by the inequitable inclinations of conscription officers and local judges. The three conscription acts of the Confederacy exempted certain categories, most notably the
planter class The planter class, known alternatively in the United States as the Southern aristocracy, was a racial and socioeconomic caste of pan-American society that dominated 17th and 18th century agricultural markets. The Atlantic slave trade permitted ...
, and enrolling officers and local judges often practiced favoritism, sometimes accepting bribes. Attempts to effectively deal with the issue were frustrated by conflict between state and local governments on the one hand and the national government of the Confederacy. During the Civil War, there were notable critics against the policy of conscription. For example,
Frederick Douglass Frederick Douglass (born Frederick Augustus Washington Bailey, February 1817 or 1818 – February 20, 1895) was an American social reformer, abolitionist, orator, writer, and statesman. After escaping from slavery in Maryland, he became ...
, an escaped slave and abolitionist strongly advocated against the policy. More specifically, Douglass asserts, "What is freedom? It is the right to choose one's own employment. Certainly it means that, if it means anything. And when any individual or combination of individuals, undertakes to decide for any man when he shall work, where he shall work, at what he shall work, and for what he shall work, he or they practically reduce him to slavery."


World War I

In 1917 the administration of
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Woodrow Wilson Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was an American politician and academic who served as the 28th president of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the president of ...
decided to rely primarily on conscription, rather than voluntary enlistment, to raise military manpower for
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
when only 73,000 volunteers enlisted out of the initial 1 million target in the first six weeks of the war. One ascribed motivation was to head off the former president,
Theodore Roosevelt Theodore Roosevelt Jr. ( ; October 27, 1858 – January 6, 1919), often referred to as Teddy or by his initials, T. R., was an American politician, statesman, soldier, conservationist, naturalist, historian, and writer who served as the 26t ...
, who proposed to raise a volunteer division, which would upstage Wilson; however, there is no evidence that Roosevelt had the support to carry out that plan, and also, since Wilson had just started his second term in office the former President's prospects for substantial political gain would seem dubious. The
Selective Service Act of 1917 The Selective Service Act of 1917 or Selective Draft Act () authorized the United States federal government to raise a national army for service in World War I through conscription. It was envisioned in December 1916 and brought to President ...
was carefully drawn to remedy the defects in the Civil War system and—by allowing exemptions for dependency, essential occupations, and religious scruples—to place each man in his proper niche in a national war effort. The act established a "liability for military service of all male citizens"; authorized a selective draft of all those between 21 and 31 years of age (later from 18 to 45); and prohibited all forms of bounties, substitutions, or purchase of exemptions. Administration was entrusted to local boards composed of leading civilians in each community. These boards issued draft calls in order of numbers drawn in a national lottery and determined exemptions. In 1917, 10 million men were registered. This was deemed to be inadequate, so age ranges were increased and exemptions reduced, and so by the end of 1918 this increased to 24 million men that were registered with nearly 3 million inducted into the military services, with little of the resistance that characterized the Civil War, thanks to a well-received campaign by the government to increase support for the war, and shut down newspapers and magazines that published articles against the war. The draft was universal and included Blacks on the same terms as whites, although they served in different units. In all 367,710 Black Americans were drafted (13.0% of the total), compared to 2,442,586 White (86.9%). Along with a general opposition to American involvement in a foreign conflict, Southern farmers objected to perceived unfair conscription practices that exempted members of the upper class and industrial workers. Draft boards were localized and based their decisions on social class: the poorest were the most often conscripted because they were considered the least likely to be the skilled labor needed for the war effort. Poor men were also less likely to convince local boards that they were primary breadwinners who could be deferred to support dependents. . Forms of resistance ranged from peaceful protest to violent demonstrations and from humble letter-writing campaigns asking for mercy to newspapers demanding reform. The most common tactics were dodging and desertion, and some communities in isolationist areas even sheltered and defended their draft dodgers as political heroes. Nearly half a million immigrants were drafted, which forced the military to develop training procedures that took ethnic differences into account. Military leaders invited Progressive reformers and ethnic group leaders to assist in formulating new military policies. The military attempted to socialize and Americanize young immigrant recruits, not by forcing "angloconformity", but by showing remarkable sensitivity and respect for ethnic values and traditions and a concern for the morale of immigrant troops, with the aim of blending them into the larger society. Sports activities, keeping immigrant groups together, newspapers in various languages, the assistance of bilingual officers, and ethnic entertainment programs were all employed.


Opposition

The Conscription Act of 1917 was passed in June. Conscripts were court-martialed by the Army if they refused to wear uniforms, bear arms, perform basic duties, or submit to military authority. Convicted objectors were often given long sentences of 20 years in
Fort Leavenworth Fort Leavenworth () is a United States Army installation located in Leavenworth County, Kansas, in the city of Leavenworth. Built in 1827, it is the second oldest active United States Army post west of Washington, D.C., and the oldest perma ...
. In 1918 Secretary of War
Newton D. Baker Newton Diehl Baker Jr. (December 3, 1871 – December 25, 1937) was an American lawyer, Georgist,Noble, Ransom E. "Henry George and the Progressive Movement." The American Journal of Economics and Sociology, vol. 8, no. 3, 1949, pp. 259–269. w ...
created the Board of Inquiry to question the conscientious objectors' sincerity.
Military tribunals Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bo ...
tried men found by the Board to be insincere for a variety of offenses, sentencing 17 to
death Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...
, 142 to life imprisonment, and 345 to penal labor camps. Many of these sentences were commuted after the war's end. In 1917, a number of radicals and
anarchists Anarchism is a political philosophy and movement that is skeptical of all justifications for authority and seeks to abolish the institutions it claims maintain unnecessary coercion and hierarchy, typically including, though not necessari ...
, including Emma Goldman, tried to challenge the new draft law in federal court, arguing that it was a direct violation of the Thirteenth Amendment's prohibition against slavery and involuntary servitude. The Supreme Court unanimously upheld the constitutionality of the draft act in the
Selective Draft Law Cases ''Arver v. United States'', 245 U.S. 366 (1918), also known as the ''Selective Draft Law Cases'', was a United States Supreme Court decision which upheld the Selective Service Act of 1917, and more generally, upheld conscription in the United Sta ...
on January 7, 1918. The decision said the Constitution gave Congress the power to declare war and to raise and support armies. The Court, relying partly on Vattel's ''
The Law of Nations ''The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns''french: Le Droit des gens : Principes de la loi naturelle, appliqués à la conduite et aux affaires des Nations et des Souvera ...
'', emphasized the principle of the reciprocal rights and duties of citizens: Conscription was unpopular from left-wing sectors at the start, with many Socialists jailed for "obstructing the recruitment or enlistment service". The most famous was
Eugene Debs Eugene may refer to: People and fictional characters * Eugene (given name), including a list of people and fictional characters with the given name * Eugene (actress) (born 1981), Kim Yoo-jin, South Korean actress and former member of the sin ...
, head of the Socialist Party of America, who ran for president in 1920 from his
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prison cell. He had his sentence commuted to
time served In criminal law, time served is an informal term that describes the duration of pretrial detention (remand), the time period between when a defendant is arrested and when they are convicted. Time served does not include time served on bail bu ...
and was released on December 25, 1921, by President
Warren G. Harding Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party, he was one of the most popular sitting U.S. presidents. A ...
. Also notably, the
Industrial Workers of the World The Industrial Workers of the World (IWW), members of which are commonly termed "Wobblies", is an international labor union that was founded in Chicago in 1905. The origin of the nickname "Wobblies" is uncertain. IWW ideology combines general ...
attempted to obstruct the war effort through strikes in war-related industries and not registering, but it did not meet with large success. Although draft riots were not widespread, an estimated 171,000 people never registered for the draft while another 360,000 people never responded to induction orders.


Conscientious objectors

Conscientious objector (CO) exemptions were allowed for the
Amish The Amish (; pdc, Amisch; german: link=no, Amische), formally the Old Order Amish, are a group of traditionalist Anabaptist Christian church fellowships with Swiss German and Alsatian origins. They are closely related to Mennonite churc ...
,
Mennonite Mennonites are groups of Anabaptist Christian church communities of denominations. The name is derived from the founder of the movement, Menno Simons (1496–1561) of Friesland. Through his writings about Reformed Christianity during the Radi ...
s,
Quakers Quakers are people who belong to a historically Protestant Christian set of denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belief in each human's abil ...
, and
Church of the Brethren The Church of the Brethren is an Anabaptist Christian denomination in the Schwarzenau Brethren (german: link=no, Schwarzenauer Neutäufer "Schwarzenau New Baptists") tradition that was organized in 1708 by Alexander Mack in Schwarzenau, Germ ...
only. All other religious and political objectors were forced to participate. Some 64,700 men claimed conscientious objector status; local draft boards certified 57,000, of whom 30,000 passed the physical and 21,000 were inducted into the U.S. Army. About 80% of the 21,000 decided to abandon their objection and take up arms, but 3,989 drafted objectors refused to serve. Most belonged to historically pacifist denominations, especially
Quakers Quakers are people who belong to a historically Protestant Christian set of denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belief in each human's abil ...
,
Mennonites Mennonites are groups of Anabaptist Christian church communities of denominations. The name is derived from the founder of the movement, Menno Simons (1496–1561) of Friesland. Through his writings about Reformed Christianity during the Radic ...
, and
Moravian Brethren , image = AgnusDeiWindow.jpg , imagewidth = 250px , caption = Church emblem featuring the Agnus Dei.Stained glass at the Rights Chapel of Trinity Moravian Church, Winston-Salem, North Carolina, United States , main_classification = Proto-Prot ...
, as well as a few
Seventh-day Adventists The Seventh-day Adventist Church is an Adventist Protestant Christian denomination which is distinguished by its observance of Saturday, the seventh day of the week in the Christian (Gregorian) and the Hebrew calendar, as the Sabbath, and i ...
and
Jehovah's Witness Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The group reports a worldwide membership of approximately 8.7 million adherents involved in ...
es. About 15% were religious objectors from non-pacifist churches.
Ben Salmon Benjamin Joseph Salmon (1888–1932) was an American Christian pacifist, Roman Catholic, conscientious objector and outspoken critic of just war theory, who believed no war could be morally justified. Biography Salmon was born and raised in ...
was a nationally known political activist who encouraged men not to register and personally refused to comply with the draft procedures. He rejected the Army Review Board proposal that he do noncombatant farm work. Sentenced to 25 years in prison, he again refused a proposed desk job. He was pardoned and released in November 1920 with a "dishonorable discharge".


Interwar

The draft ended in 1918 but the Army designed the modern draft mechanism in 1926 and built it based on military needs despite an era of
pacifism Pacifism is the opposition or resistance to war, militarism (including conscription and mandatory military service) or violence. Pacifists generally reject theories of Just War. The word ''pacifism'' was coined by the French peace campaign ...
. Working where Congress would not, it gathered a cadre of officers for its nascent Joint Army-Navy Selective Service Committee, most of whom were commissioned based on social standing rather than military experience.Morris, Brett. (2006).
The Effects of the Draft on US Presidential Approval Ratings during the Vietnam War, 1954–1975
'', Doctoral dissertation, University of Alabama (Tuscaloosa).
This effort did not receive congressionally approved funding until 1934 when Major General
Lewis B. Hershey Lewis Blaine Hershey (September 12, 1893May 20, 1977) was a United States Army general who served as the second Director of the Selective Service System, the means by which the United States administers its military conscription. Early life H ...
was assigned to the organization. The passage of a conscription act was opposed by some, including
Dorothy Day Dorothy Day (November 8, 1897 – November 29, 1980) was an American journalist, social activist and anarchist who, after a bohemian youth, became a Catholic without abandoning her social and anarchist activism. She was perhaps the best-known ...
and
George Barry O'Toole George Barry O'Toole (1886 – 26 March 1944) was a founding member of the Catholic Radical Alliance. He was important for clarifying the right of Catholics to conscientious objector status. He began his religious career as a parish priest, and a ...
, who were concerned that such conscription would not provide adequate protection for the rights of
conscientious objectors A conscientious objector (often shortened to conchie) is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion. The term has also been extended to objecti ...
. However, much of Hershey's work was codified into law with the
Selective Training and Service Act of 1940 The Selective Training and Service Act of 1940, also known as the Burke–Wadsworth Act, , was the first peacetime conscription in United States history. This Selective Service Act required that men who had reached their 21st birthday b ...
(STSA).Flynn, G. (1985). ''Lewis B. Hershey, Mr. Selective Service.'' Chapel Hill: University of North Carolina Press.


World War II

By the summer of 1940, as Germany conquered France, Americans supported the return of conscription. One national survey found that 67% of respondents believed that a
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-
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victory would endanger the United States, and that 71% supported "the immediate adoption of compulsory military training for all young men". Similarly, a November 1942 survey of American high-school students found that 69% favored compulsory postwar military training. The World War I system served as a model for that of World War II. The 1940 law instituted conscription in peacetime, requiring the registration of all men between 21 and 35. President Roosevelt's signing of the Selective Training and Service Act on September 16, 1940, began the first peacetime draft in the United States. It also reestablished the Selective Service System as an independent agency responsible for identifying young men and facilitating their military service. Roosevelt named
Lewis B. Hershey Lewis Blaine Hershey (September 12, 1893May 20, 1977) was a United States Army general who served as the second Director of the Selective Service System, the means by which the United States administers its military conscription. Early life H ...
to head the System on July 31, 1941, where he remained until 1969. This act came when other preparations, such as increased training and equipment production, had not yet been approved. Nevertheless, it served as the basis for the conscription programs that would continue to the present. The act set a cap of 900,000 men to be in training at any given time, and limited military service to 12 months unless Congress deemed it necessary to extend such service in the interest of national defense. An amendment added 18 more months to this service period on August 18, 1941. After the
Pearl Harbor attack The attack on Pearl HarborAlso known as the Battle of Pearl Harbor was a surprise military strike by the Imperial Japanese Navy Air Service upon the United States against the naval base at Pearl Harbor in Honolulu, Territory of Hawaii, ...
the STSA was further amended (December 19, 1941), extending the term of service to the duration of the war plus six months and requiring the registration of all men 18 to 64 years of age. During World War II, 49 million men were registered, 36 million classified, and 10 million inducted. 18 and 19 year olds were made liable for induction on November 13, 1942. By late 1942, the Selective Service System moved away from a national lottery to administrative selection by its more than 6,000 local boards. On December 5, 1942, presidential
Executive Order In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of t ...
9279 closed voluntary enlistment for all men from the ages of 18 to 37 for the duration of the war, providing protection for the nation's home front manpower pool. The
Navy A navy, naval force, or maritime force is the branch of a nation's armed forces principally designated for naval and amphibious warfare; namely, lake-borne, riverine, littoral, or ocean-borne combat operations and related functions. It in ...
and
Marine Corps Marines, or naval infantry, are typically a military force trained to operate in littoral zones in support of naval operations. Historically, tasks undertaken by marines have included helping maintain discipline and order aboard the ship (refl ...
began procuring their personnel through the Selective Service System in early 1943. The Navy and Marine Corps enlisted inductees and volunteers under the same service agreements, but with different service obligations, while the Army placed wartime inductees and volunteers into a special service component known as the
Army of the United States The Army of the United States is one of the four major service components of the United States Army (the others being the Regular Army, the United States Army Reserve and the Army National Guard of the United States), but it has been inactive si ...
, commonly known as the "AUS"; service commitments were set at the length of the war plus six months.
Paul V. McNutt Paul Vories McNutt (July 19, 1891 – March 24, 1955) was an American diplomat and politician who served as the 34th governor of Indiana, high commissioner to the Philippines, administrator of the Federal Security Agency, chairman of the ...
, head of the
War Manpower Commission The War Manpower Commission was a World War II agency of the United States Government charged with planning to balance the labor needs of agriculture, industry and the armed forces. History The Commission was created by President Franklin D. ...
, estimated that the changes would increase the ratio of men drafted from one out of nine to one out of five. The commission's goal was to have nine million men in the armed forces by the end of 1943. This facilitated the massive requirement of up to 200,000 men per month and would remain the standard for the length of the war. The World War II draft operated from 1940 until 1946 when further inductions were suspended, and its legislative authorization expired without further extension by Congress in 1947. During this time, more than 10 million men had been inducted into military service.Selective Service System. (May 27, 2003).
Induction Statistics. In Inductions (by year) from World War I Through the End of the Draft (1973)
''. Retrieved May 5, 2009.
However, the Selective Service System remained intact.


Opposition

Draft evasion accounted for about 4% of the total inducted. About 373,000 alleged evaders were investigated with just over 16,000 being imprisoned.Chambers, J. (1987). ''To Raise an Army: The Draft Comes to Modern America.'' New York: Free Press. Opposition was nonetheless encountered, especially in the northern cities where some African-Americans protested the system. The Nation of Islam was at the forefront, with many Black Muslims jailed for refusing the draft, and their leader
Elijah Muhammad Elijah Muhammad (born Elijah Robert Poole; October 7, 1897 – February 25, 1975) was an African American religious leader, black separatist, and self-proclaimed Messenger of Allah, who led the Nation of Islam (NOI) from 1934 until his deat ...
was sentenced to federal prison for 5 years for inciting draft resistance. Organized draft resistance also developed in the Japanese American internment camps, where groups like the
Heart Mountain Fair Play Committee The Heart Mountain Fair Play Committee was a group organized in 1943 to protest the draft of Nisei (U.S. citizens born to Japanese immigrant parents), from Japanese American concentration camps during World War II World War II or t ...
refused to serve unless they and their families were released. 300
Nisei is a Japanese-language term used in countries in North America and South America to specify the ethnically Japanese children born in the new country to Japanese-born immigrants (who are called ). The are considered the second generation, ...
men from eight of the ten
War Relocation Authority The War Relocation Authority (WRA) was a United States government agency established to handle the internment of Japanese Americans during World War II. It also operated the Fort Ontario Emergency Refugee Shelter in Oswego, New York, which was t ...
camps were arrested and stood trial for felony
draft evasion Draft evasion is any successful attempt to elude a government-imposed obligation to serve in the military forces of one's nation. Sometimes draft evasion involves refusing to comply with the military draft laws of one's nation. Illegal draft e ...
; most were sentenced to federal prison.
American Communists American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...
also opposed the war by forming the "American Peace Committee", which tried to organize a coalition of anti-war groups. This lasted until Germany attacked the Soviet Union in June 1941, whereupon they changed the committee's name to the "American People's Committee" and supported aid to Britain, the draft and other preparations for war.


Conscientious objectors

Of the more than 72,000 men registering as conscientious objectors (CO), nearly 52,000 received CO status. Of these, over 25,000 entered the military in noncombatant roles, another 12,000 went to the
Civilian Public Service The Civilian Public Service (CPS) was a program of the United States government that provided conscientious objectors with an alternative to military service during World War II. From 1941 to 1947, nearly 12,000 draftees, willing to serve their ...
program, and nearly 6,000 went to prison.


Cold War

The second peacetime draft began with passage of the
Selective Service Act of 1948 The Selective Service Act of 1948, also known as the Elston Act, was a major revision of the Articles of War of the United States enacted June 24, 1948 that established the current implementation of the Selective Service System. History The prev ...
after the STSA expired. The new law required all men of age 18 to 26 to register. It also created the system for the "Doctor Draft", aimed at inducting health professionals into military service. Unless otherwise exempted or deferred (see
Berry Plan The Berry Plan was a Vietnam War-era program in the United States that allowed physicians to defer Conscription in the United States, obligatory military service until they had completed medical school and residency training. More than 42,000 physi ...
), these men could be called for up to 21 months of active duty and five years of reserve duty service. Congress further tweaked this act in 1950 although the post–World War II surplus of military manpower left little need for draft calls until President Truman's declaration of a national emergency in December 1950. Only 20,348 men were inducted in 1948 and only 9,781 in 1949. Between the
Korean War , date = {{Ubl, 25 June 1950 – 27 July 1953 (''de facto'')({{Age in years, months, weeks and days, month1=6, day1=25, year1=1950, month2=7, day2=27, year2=1953), 25 June 1950 – present (''de jure'')({{Age in years, months, weeks a ...
's outbreak in June 1950 and the armistice agreement in 1953, Selective Service inducted over 1.5 million men. Another 1.3 million volunteered, usually choosing the Navy or Air Force. Congress passed the
Universal Military Training and Service Act The Selective Service Act of 1948, also known as the Elston Act, was a major revision of the Articles of War of the United States enacted June 24, 1948 that established the current implementation of the Selective Service System. History The previ ...
in 1951 to meet the demands of the war. It lowered the induction age to 18½ and extended active-duty service commitments to 24 months. Despite the early combat failures and later stalemate in Korea, the draft has been credited by some as playing a vital role in turning the tide of war. A February 1953
Gallup Poll Gallup, Inc. is an American analytics and advisory company based in Washington, D.C. Founded by George Gallup in 1935, the company became known for its public opinion polls conducted worldwide. Starting in the 1980s, Gallup transitioned its ...
showed that 70 percent of Americans surveyed felt that the SSS had handled the draft fairly. Notably, Gallup reported that 64 percent of the demographic group including all draft age men (males 21 to 29) believed the draft to be fair. To increase equity in the system, President
Dwight D. Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
signed an executive order on July 11, 1953 that ended the paternity deferment for married men. In large part, the change in the draft served the purposes of the burgeoning Cold War. From a program that had just barely passed Congressional muster during the fearful prelude to World War II, a more robust draft continued as fears now focused on the Soviet threat. Nevertheless, some dissenting voices in Congress continued to advocate for voluntary military service. The onset of the Cold War coincided with the time at which men born during the Great Depression began to reach military age. Hershey and other supporters of the draft frequently pointed out that the Depression had resulted in a substantial reduction of the
birth rate The birth rate for a given period is the total number of live human births per 1,000 population divided by the length of the period in years. The number of live births is normally taken from a universal registration system for births; populati ...
in order to back up their doubts regarding the return to an all-volunteer military at a time when it was known that the number of men reaching military age was going to fall significantly. The Korean War era marked the first time that any form of student deferment had been used. During the Korean War, a student carrying at least 12 semester hours was spared until the end of his current semester. Though the United States signed the Korean War Armistice on July 27, 1953, technology brought new promises and threats. American air and nuclear power fueled the Eisenhower doctrine of "massive retaliation." This strategy demanded more machines and fewer foot soldiers, so the draft slipped to the back burner. However, SSS director Gen. Hershey urged caution, fearing the conflict looming in Vietnam. In May 1953, he told his state directors to do everything possible to keep the SSS alive in order to meet upcoming needs. Following the 1953 Korean War Armistice, Congress passed the
Reserve Forces Act of 1955 Reserve or reserves may refer to: Places * Reserve, Kansas, a US city * Reserve, Louisiana, a census-designated place in St. John the Baptist Parish * Reserve, Montana, a census-designated place in Sheridan County * Reserve, New Mexico, a US vi ...
with the aim of improving
National Guard National Guard is the name used by a wide variety of current and historical uniformed organizations in different countries. The original National Guard was formed during the French Revolution around a cadre of defectors from the French Guards. Nat ...
and federal
Reserve Component The reserve components of the United States Armed Forces are military organizations whose members generally perform a minimum of 39 days of military duty per year and who augment the active duty (or full-time) military when necessary. The reserv ...
readiness while also constraining its use by the president. Toward this end, it mandated a six-year service commitment, in a combination of reserve and active duty time, for every line military member regardless of their means of entry. Meanwhile, the SSS kept itself alive by devising and managing a complex system of deferments for a swelling pool of candidates during a period of shrinking requirements. The greatest challenge to the draft came not from protesters but rather from lobbyists seeking additional deferments for their constituency groups, such as scientists and farmers. Many government leaders felt that the potential for a draft was a critical element in maintaining a constant flow of volunteers. On numerous occasions, Gen. Hershey told Congress that for every man drafted, three or four more were scared into volunteering. Assuming that his assessment was accurate, this would mean that more than 11 million men volunteered for service because of the draft between January 1954 and April 1975. The policy of using the draft as a force to compel voluntary enlistment was unique in American history. Previous drafts had not aimed to encourage individuals to enlist in order to gain preferential placement or less dangerous postings. However, the incremental buildup of the Vietnam War without a clear threat to the country bolstered this type of focus. Some estimates suggest that almost one-third of all eligible men were conscripted during the period of 1965–69.Flynn, G. (2000). ''The Draft, 1940–1973''. Lawrence, KS: University of Kansas Press. This group represented those without exemption or resources to avoid military service. During the active combat phase, the possibility of avoiding combat by selecting their service and military specialty led as many as four out of 11 eligible men to enlist.Useem, M. (1973). ''Conscription, Protest and Social Conflict: The Life and Death of a Draft Resistance Movement.'' New York: Wiley. The military relied upon this draft-induced volunteerism to make its quotas, especially the Army, which accounted for nearly 95 percent of all inductees during the Vietnam War era. For example, defense recruiting reports show that 34% of the recruits in 1964, up to 50% in 1970, indicated that they had joined voluntarily in order to avoid placement uncertainty via the draft. These rates dwindled to 24% in 1972 and 15% in 1973 after the change to a lottery system. Accounting for other factors, it can be argued up to 60% of those who served throughout the Vietnam War era did so directly or indirectly because of the draft. In addition, deferments provided an incentive for men to follow pursuits considered useful to the state. This process, known as channeling, helped push men into educational, occupational, and family choices that they might not otherwise have pursued. Undergraduate degrees were valued. Graduate work had varying value over time, though technical and religious training received nearly constant support. War-industry support in the form of teaching, research, or skilled labor also received deferred or exempt status. Finally, married and family men were exempted because of the positive social consequences. This included using presidential orders to extend exemptions again to fathers and others. Channeling was also seen as a means of preempting the early loss of the country's "best and brightest" who had historically joined and died early in war. In the only extended period of military conscription of U.S. males during a major peacetime period, the draft continued on a more limited basis during the late 1950s and early 1960s. While a far smaller percentage of eligible males were conscripted than in war periods, draftees by law served in the Army for two years.
Elvis Presley Elvis Aaron Presley (January 8, 1935 – August 16, 1977), or simply Elvis, was an American singer and actor. Dubbed the "Honorific nicknames in popular music, King of Rock and Roll", he is regarded as Cultural impact of Elvis Presley, one ...
and
Willie Mays Willie Howard Mays Jr. (born May 6, 1931), nicknamed "the Say Hey Kid" and "Buck", is a former center fielder in Major League Baseball (MLB). Regarded as one of the greatest players ever, Mays ranks second behind only Babe Ruth on most all-tim ...
were two of the most famous people drafted during this period. Public protests in the United States were few during the Korean War. However, the percentage of CO exemptions for inductees grew to 1.5%, compared to a rate of just 0.5% in the past two wars. The Justice Department also investigated more than 80,000 draft-evasion cases.


Vietnam War

President Kennedy's decision to send military troops to Vietnam as advisors was a signal that Selective Service Director Lewis B. Hershey needed to visit the Oval Office. From that visit emerged two wishes of JFK with regard to conscription. The first was that the names of married men with children should occupy the very bottom of the callup list. Just above them should be the names of men who were married. This Presidential policy, however, was not to be formally encoded into Selective Service Status. Men who fit into these categories became known as Kennedy Husbands. When President Lyndon Johnson decided to rescind this Kennedy policy , there was a last-minute rush to the altar by thousands of American couples. Many early rank-and-file anti-conscription protesters had been allied with the
National Committee for a SANE Nuclear Policy Peace Action is a peace organization whose focus is on preventing the deployment of nuclear weapons in space, thwarting weapons sales to countries with human rights violations, and promoting a new United States foreign policy based on common sec ...
. The signing in 1963 of the Limited Nuclear Test Ban Treaty left them free to focus on other issues. Syndicated cartoonist Al Capp portrayed them as S.W.I.N.E, (Students Wildly Indignant About Nearly Everything). The catalyst for protest reconnection was the 1964 Gulf of Tonkin Resolution. Consequently, there was some opposition to the draft even before the major U.S. involvement in the
Vietnam War The Vietnam War (also known by other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vietnam a ...
began. The large cohort of
Baby Boomers Baby boomers, often shortened to boomers, are the Western demographic cohort following the Silent Generation and preceding Generation X. The generation is often defined as people born from 1946 to 1964, during the mid-20th century baby boom. ...
who became eligible for military service during the Vietnam War was responsible for a steep increase in the number of exemptions and deferments, especially for college students. Besides being able to avoid the draft, college graduates who volunteered for military service (primarily as
commissioned officers An officer is a person who holds a position of authority as a member of an armed force or uniformed service. Broadly speaking, "officer" means a commissioned officer, a non-commissioned officer, or a warrant officer. However, absent context ...
) had a much better chance of securing a preferential posting compared to less-educated inductees. Contrary to popular belief, the large majority of American soldiers who participated in the war, and who were killed in combat, were in fact volunteers and not draftees. As U.S. troop strength in South Vietnam increased, more young men were drafted for service there, and many of those still at home sought means of avoiding the draft. Since only 15,000 National Guard and Reserve soldiers were sent to South Vietnam, enlistment in the Guard or the Reserves became a popular means of avoiding serving in a war zone. For those who could meet the more stringent enlistment standards, service in the Air Force, Navy, or Coast Guard was a means of reducing the chances of being killed. Vocations to the ministry and the rabbinate soared, because divinity students were exempt from the draft. Doctors and
draft board {{further, Conscription in the United StatesDraft boards are a part of the Selective Service System which register and select men of military age in the event of conscription in the United States. Local board The local draft board is a board t ...
members found themselves being pressured by relatives or family friends to exempt potential draftees. The marriage deferment ended suddenly on August 26, 1965. Around 3:10pm President Johnson signed an order allowing the draft of men who married after midnight that day, then around 5pm he announced the change for the first time. Some conscientious objectors objected to the war based on the theory of
Just War The just war theory ( la, bellum iustum) is a doctrine, also referred to as a tradition, of military ethics which is studied by military leaders, theologians, ethicists and policy makers. The purpose of the doctrine is to ensure that a war i ...
. One of these,
Stephen Spiro Stephen Spiro (1939–2007) was a political activist known for his opposition against the Vietnam War and his advocacy of an ideology that opposes abortion, capital punishment, assisted suicide, and euthanasia. Opposing the Vietnam war based on th ...
, was convicted of avoiding the draft, but given a suspended sentence of five years. He was later pardoned by President Gerald Ford. There were 8,744,000 service members between 1964 and 1975, of whom 3,403,000 were deployed to
Southeast Asia Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia, South-eastern Asia or SEA, is the geographical south-eastern region of Asia, consisting of the regions that are situated south of mainlan ...
. From a pool of approximately 27 million, the draft raised 2,215,000 men for military service (in the United States, South Vietnam, and elsewhere) during the Vietnam War era. The majority of service members deployed to South Vietnam were volunteers, even though hundreds of thousands of men opted to join the Army, Air Force, Navy, and Coast Guard (for three or four year terms of enlistment) before they could be drafted, serve for two years, and have no choice over their military occupational specialty (MOS). Of the nearly 16 million men not engaged in active military service, 96% were exempted (typically because of jobs including other military service), deferred (usually for educational reasons), or disqualified (usually for physical and mental deficiencies but also for criminal records including draft violations). The requirements for obtaining and maintaining an educational deferment changed several times in the late 1960s. For several years, students were required to take an annual qualification test. In 1967 educational deferments were changed for graduate students. Those starting graduate studies in the fall of 1967 were given two semester deferments becoming eligible in June 1968. Those further along in their graduate study who entered prior to the summer of 1967 could continue to receive a deferment until they completed their studies. Peace Corps Volunteers were no longer given deferments and their induction was left to the discretion of their local boards. However most boards allowed Peace Corps Volunteers to complete their two years assignment before inducting them into the service. On December 1, 1969, a lottery was held to establish a draft priority for all those born between 1944 and 1950. Those with a high number no longer had to be concerned about the draft. Nearly 500,000 men were disqualified for criminal records, but less than 10,000 of them were convicted of draft violations. Finally, as many as 100,000 draft eligible men fled the country.


End of conscription

During the 1968 presidential election,
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
campaigned on a promise to end the draft. He had first become interested in the idea of an all-volunteer army during his time out of office, based upon a paper by Martin Anderson of
Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
, and in part due to the efforts of ardent anti-draft activist-economist and Nobel laureate,
Milton Friedman Milton Friedman (; July 31, 1912 – November 16, 2006) was an American economist and statistician who received the 1976 Nobel Memorial Prize in Economic Sciences for his research on consumption analysis, monetary history and theory and the ...
. pp. 396–397. Friedman has been quoted in interviews as stating: Nixon also saw ending the draft as an effective way to undermine the
anti-Vietnam War movement Opposition to United States involvement in the Vietnam War (before) or anti-Vietnam War movement (present) began with demonstrations in 1965 against the escalating role of the United States in the Vietnam War and grew into a broad social mov ...
, since he believed affluent youths would stop protesting the war once their own probability of having to fight in it was gone. There was opposition to the all-volunteer notion from both the Department of Defense and Congress, so Nixon took no immediate action toward ending the draft early in his presidency. Instead, the Gates Commission was formed, headed by Thomas S. Gates, Jr., a former Secretary of Defense in the
Eisenhower administration Dwight D. Eisenhower's tenure as the 34th president of the United States began with his first inauguration on January 20, 1953, and ended on January 20, 1961. Eisenhower, a Republican from Kansas, took office following a landslide victory ...
. Gates initially opposed the all-volunteer army idea, but changed his mind during the course of the 15-member commission's work. The Gates Commission issued its report in February 1970, describing how adequate military strength could be maintained without having conscription. pp. 40–41. The existing draft law was expiring at the end of June 1971, but the Department of Defense and Nixon administration decided the draft needed to continue for at least some time. In February 1971, the administration requested of Congress a two-year extension of the draft, to June 1973. Senatorial opponents of the war wanted to reduce this to a one-year extension, or eliminate the draft altogether, or tie the draft renewal to a timetable for troop withdrawal from Vietnam; Senator
Mike Gravel Maurice Robert "Mike" Gravel ( ; May 13, 1930 – June 26, 2021) was an American politician and writer who served as a United States Senator from Alaska from 1969 to 1981 as a member of the Democratic Party, and who later in life twice ran for ...
of
Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S. ...
took the most forceful approach, trying to filibuster the draft renewal legislation, shut down conscription, and directly force an end to the war. Senators supporting Nixon's war efforts supported the bill, even though some had qualms about ending the draft. After a prolonged battle in the Senate, in September 1971
cloture Cloture (, also ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. ' ...
was achieved over the filibuster and the draft renewal bill was approved. Meanwhile, military pay was increased as an incentive to attract volunteers, and television advertising for the U.S. Army began. With the end of active U.S. ground participation in Vietnam, December 1972 saw the last men conscripted, who were born in 1952 and earlier. On February 2, 1972, a drawing was held to determine draft priority numbers for men born in 1953, but in January 1973 Secretary of Defense
Melvin Laird Melvin Robert Laird Jr. (September 1, 1922 – November 16, 2016) was an American politician, writer and statesman. He was a U.S. congressman from Wisconsin from 1953 to 1969 before serving as Secretary of Defense from 1969 to 1973 under Presi ...
announced that no further draft orders would be issued. In March 1973, 1974, and 1975, the Selective Service assigned draft priority numbers for all men born in 1954, 1955, and 1956, in case the draft was extended, but it never was. Command Sergeant Major Jeff Mellinger, believed to be the last drafted enlisted ranked soldier still on active duty, retired in 2011.
Chief Warrant Officer 5 In the United States Armed Forces, the ranks of warrant officer (U.S. uniformed services pay grades, grades W‑1 to W‑5; see ''Ranks and insignia of NATO, NATO: WO1–WO5'') are rated as officers above all non-commissioned officers, Officer ...
Ralph E. Rigby, the last Vietnam War-era drafted soldier of Warrant Officer rank, retired from the army on November 10, 2014 after a 42-year career. December 28, 1972 had been scheduled to be the last day that draftees would be inducted that year. However, President Nixon declared that day a national day of mourning due to the death of former President Truman, and Federal offices were closed. Men scheduled to report that day were never inducted, since the draft was not resumed in 1973.


Post-1980 draft registration

On July 2, 1980, President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party, he previously served as the 76th governor of Georgia from 1 ...
issued Presidential Proclamation 4771 and re-instated the requirement that young men register with the Selective Service System. At that time, it was required that all males, born on or after January 1, 1960, register with the Selective Service System. Those who were now in this category were male U.S. citizens and male immigrant non-citizens between the ages of 18 and 25; they were required to register within 30 days of their 18th birthday even if they were not actually eligible to join the military. The Selective Service System, still essentially what it was in 1980, describes its mission as "to serve the emergency manpower needs of the Military by conscripting untrained manpower, or personnel with professional health care skills, if directed by Congress and the President in a national crisis". Registration forms are available either
online In computer technology and telecommunications, online indicates a state of connectivity and offline indicates a disconnected state. In modern terminology, this usually refers to an Internet connection, but (especially when expressed "on line" o ...
, or at any
U.S. Post Office The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an Independent agencies of the United States government, independent agency of the executive branch of the Federal government of the Uni ...
or state motor vehicles office. The Selective Service registration form states that failure to register is a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
punishable by up to five years imprisonment or a $250,000 fine. In practice, though, no one has been prosecuted for failure to comply with draft registration since 1986, in part because prosecutions of draft resisters in the 1980s proved counter-productive for the government, and in part because of the difficulty of proving that noncompliance with the law was "knowing and wilful". In interviews published in '' U.S. News & World Report'' in May 2016, current and former Selective Service System officials said that in 1988, the Department of Justice and Selective Service agreed to suspend any further prosecutions of nonregistrants. Many men do not register at all, register late, or change addresses without notifying the Selective Service System. Even in the absence of prosecution, however, failure to register may lead to other consequences. Registration is a requirement for employment by the federal government and some state governments, as well as for receiving various state benefits such as driver's licenses. Some collateral sanctions formerly in effect have been repealed: "From 1982 to 2021, males were required to register with Selective Service System in order to receive Title IV Federal student aid.... This requirement was eliminated by the FY 2021 Consolidated Appropriations Act.... iling to register with Selective Service System no longer impacts students’ eligibility for Title IV student aid. Effective July 1, 2022, applicants will no longer be able to register with Selective Service System via the FAFSA."


Health care personnel

On December 1, 1989, Congress ordered the Selective Service System to put in place a system capable of drafting "persons qualified for practice or employment in a health care and professional occupation", if such a special-skills draft should be ordered by Congress. In response, Selective Service published plans for the "Health Care Personnel Delivery System" (HCPDS) in 1989 and has had them ready ever since. The concept underwent a preliminary field exercise in Fiscal Year 1998, followed by a more extensive nationwide readiness exercise in Fiscal Year 1999. The HCPDS plans include women and men ages 20–54 in 57 different job categories. As of May 2003, the Defense Department has said the most likely form of draft is a special skills draft, probably of health care workers.


Legality

In 1918, the Supreme Court ruled that the World War I draft did not violate the United States Constitution in the ''
Selective Draft Law Cases ''Arver v. United States'', 245 U.S. 366 (1918), also known as the ''Selective Draft Law Cases'', was a United States Supreme Court decision which upheld the Selective Service Act of 1917, and more generally, upheld conscription in the United Sta ...
''. The Court summarized the history of conscription in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
and in colonial America, a history that it read as establishing that the
Framers The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention fr ...
envisioned compulsory military service as a governmental power. It held that the Constitution's grant to Congress of the powers to declare war and to raise and support armies included the power to mandate conscription. It rejected arguments based on states' rights, the 13th Amendment, and other provisions of the Constitution. Later, during the Vietnam War, a lower
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
also concluded that the draft was constitutional. '' United States v. Holmes'', 387 F.2d 781 (7th Cir.), ''cert. denied'', 391 U.S. 936 (1968). Justice
William O. Douglas William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States, who was known for his strong progressive and civil libertarian views, and is often ci ...
, in voting to hear the appeal in ''Holmes'', agreed that the government had the authority to employ conscription in wartime, but argued that the constitutionality of a draft in the absence of a declaration of war was an open question, which the Supreme Court should address. During the World War I era, the Supreme Court allowed the government great latitude in suppressing criticism of the draft. Examples include ''
Schenck v. United States ''Schenck v. United States'', 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Holmes ...
'', 249 U.S. 47 (1919) and ''Gilbert v. Minnesota'', 254 U.S. 325 (1920). In subsequent decades, however, the Court has taken a much broader view of the extent to which advocacy speech is protected by the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
. Thus, in 1971 the Court held it unconstitutional for a state to punish a man who entered a county courthouse wearing a jacket with the words "Fuck the Draft" visible on it. '' Cohen v. California'', 403 U.S. 15 (1971). Nevertheless, protesting the draft by the specific means of burning a draft registration card can be constitutionally prohibited, because of the government's interest in prohibiting the "nonspeech" element involved in destroying the card. ''
United States v. O'Brien ''United States v. O'Brien'', 391 U.S. 367 (1968), was a landmark decision of the United States Supreme Court, ruling that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Thoug ...
'', 391 U.S. 367 (1968). Since the reinstatement of draft registration in 1980, the Supreme Court has heard and decided four cases related to the Military Selective Service Act: ''Rostker v. Goldberg'', 453 U.S. 57 (1981), upholding the Constitutionality of requiring men but not women to register for the draft; ''Selective Service v. Minnesota Public Interest Research Group (MPIRG)'', 468 U.S. 841 (1984), upholding the Constitutionality of the first of the federal "
Solomon Amendment The term Solomon Amendment has been applied to several provisions of U.S. law originally sponsored by U.S. Representative Gerald B. H. Solomon (R-NY). The 1982 Solomon Amendment was an amendment to a Federal education bill that made compliance w ...
" laws, which requires applicants for Federal student aid to certify that they have complied with draft registration, either by having registered or by not being required to register; ''Wayte v. United States'', 470 U.S. 598 (1985), upholding the policies and procedures which the Supreme Court thought the government had used to select the "most vocal" nonregistrants for prosecution, after the government refused to comply with discovery orders by the trial court to produce documents and witnesses related to the selection of nonregistrants for prosecution; and ''Elgin v. Department of the Treasury'', 567 U.S. 1 (2012), regarding procedures for judicial review of denial of Federal employment for nonregistrants. In 1981, several men filed lawsuit in the case '' Rostker v. Goldberg'', alleging that the Military Selective Service Act violates the Due Process Clause of the Fifth Amendment by requiring that men only and not also women register with the Selective Service System. The Supreme Court upheld the act, stating that Congress's "decision to exempt women was not the accidental byproduct of a traditional way of thinking about women", that "since women are excluded from combat service by statute or military policy, men and women are simply not similarly situated for purposes of a draft or registration for a draft, and Congress' decision to authorize the registration of only men therefore does not violate the Due Process Clause", and that "the argument for registering women was based on considerations of equity, but Congress was entitled, in the exercise of its constitutional powers, to focus on the question of military need, rather than 'equity. The ''Rostker v. Goldberg'' opinion's dependence upon deference on decision of the executive to exclude women from combat has garnered renewed scrutiny since the Department of Defense announced its decision in January 2013 to do away with most of the federal policies that have kept women from serving in combat roles in ground war situations. Both the U.S. Navy and the U.S. Air Force had by then already opened up virtually all positions in sea and air combat to women. Lawsuits were filed challenging the continued constitutionality of requiring men but not women to register with the Selective Service system: '' National Coalition for Men v. Selective Service System'' (filed April 4, 2013,
U.S. District Court for the Central District of California The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a Federal trial court that serves over 19 million people in Southern and Central California, m ...
; dismissed by the District Court July 29, 2013 as not "ripe" for decision; appeal argued December 8, 2015 before the
9th Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
; reversed and remanded February 19, 2016), and Kyle v. Selective Service System (filed July 3, 2015,
U.S. District Court for the District of New Jersey The United States District Court for the District of New Jersey (in case citations, D.N.J.) is a federal court in the Third Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the ...
), brought on behalf of 17-year-old Elizabeth Kyle-LaBell by her mother, Allison. Elizabeth tried to register, but as a female, was not eligible.


''National Coalition for Men v. Selective Service System''

In February 2019, the
United States District Court for the Southern District of Texas The United States District Court for the Southern District of Texas (in case citations, S.D. Tex.) is the federal district court with jurisdiction over the southeastern part of Texas. The court's headquarters is in Houston, Texas and has six ...
ruled that male-only conscription registration breached the Fourteenth Amendment's equal protection clause, overturning the previous ruling on the grounds that the policies of the armed forces regarding women had changed significantly, such that they can now be used interchangeably with men. In a case brought by non-profit men's rights organisation the National Coalition for Men against the U.S. Selective Service System, judge Gray H. Miller issued a declaratory judgement that the male-only registration requirement is unconstitutional, though did not specify what action the government should take. That decision was reversed by the 5th Circuit Court of Appeals. A petition for review was then filed with the U.S. Supreme Court. In June 2021, the U.S. Supreme Court declined to review the decision by the Court of Appeals due to the fact that Congress was actively investigating removing the male-only requirement.


Conscientious objection

According to the Selective Service System,
A conscientious objector is one who is opposed to serving in the armed forces and/or bearing arms on the grounds of moral or religious principles. ... Beliefs which qualify a registrant for CO status may be religious in nature, but don't have to be. Beliefs may be moral or ethical; however, a man's reasons for not wanting to participate in a war must not be based on politics, expediency, or self-interest. In general, the man's lifestyle prior to making his claim must reflect his current claims.
The Supreme Court has ruled in cases ''
United States v. Seeger ''United States v. Seeger'', 380 U.S. 163 (1965), was a case in which the United States Supreme Court ruled that the exemption from the military draft for conscientious objectors could be reserved not only for those professing conformity with the ...
'' (1965) and ''Welsh v. United States'' (1970) that conscientious objection can be by non-religious beliefs as well as religious beliefs; but it has also ruled in ''
Gillette v. United States ''Gillette v. United States'', 401 U.S. 437 (1971), is a decision from the Supreme Court of the United States, adding constraints on the terms of conscientious objection resulting from draftees in the Selective Service.. Background and Consolida ...
'' (1971) against objections to specific wars as grounds for conscientious objection. There is currently no mechanism to indicate that one is a conscientious objector in the Selective Service system. According to the SSS, after a person is drafted, he can claim conscientious objector status and then justify it before the Local Board. This is criticized because during the times of a draft, when the country is in emergency conditions, there could be increased pressure for Local Boards to be more harsh on conscientious objector claims. There are two types of status for conscientious objectors. If a person objects only to combat but not to service in the military, then the person could be given noncombatant service in the military without training of
weapons A weapon, arm or armament is any implement or device that can be used to deter, threaten, inflict physical damage, harm, or kill. Weapons are used to increase the efficacy and efficiency of activities such as hunting, crime, law enforcement, s ...
. If the person objects to all military service, then the person could be ordered to "
alternative service Alternative civilian service, also called alternative services, civilian service, non-military service, and substitute service, is a form of national service performed in lieu of military conscription for various reasons, such as conscientious ...
" with a job "deemed to make a meaningful contribution to the maintenance of the national health, safety, and interest".


Selective Service reforms

The Selective Service System has maintained that they have implemented several reforms that would make the draft more fair and equitable. Some of the measures they have implemented include: * Before and during the Vietnam War, a young man could get a deferment by showing that he was a full-time student making satisfactory progress toward a degree; now deferment only lasts to the end of the semester. If the man is a senior he can defer until the end of the academic year. * The government has said that draft boards are now more representative of the local communities in areas such as race and national origin. * A lottery system would be used to determine the order of people being called up. Previously the oldest men who were found eligible for the draft would be taken first. In the new system, the men called first would be those who are or will turn 20 years old in the calendar year or those whose deferments will end in the calendar year. Each year after, the man will be placed on a lower priority status until his liability ends.


Conscription controversies and proposals since 2003

The effort to enforce Selective Service registration law was abandoned in 1986. Since then, no attempt to reinstate conscription has been able to attract much support in the legislature or among the public. Since early 2003, when the
Iraq War {{Infobox military conflict , conflict = Iraq War {{Nobold, {{lang, ar, حرب العراق (Arabic) {{Nobold, {{lang, ku, شەڕی عێراق ( Kurdish) , partof = the Iraq conflict and the War on terror , image ...
appeared imminent, there had been attempts through
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
and
campaign Campaign or The Campaign may refer to: Types of campaigns * Campaign, in agriculture, the period during which sugar beets are harvested and processed *Advertising campaign, a series of advertisement messages that share a single idea and theme * Bl ...
rhetoric to begin a new public conversation on the topic. Public opinion since 1981 has been largely negative. In 2003, several Democratic congressmen (
Charles Rangel Charles Bernard Rangel (, ; born June 11, 1930) is an American politician who was a U.S. representative for districts in New York from 1971 to 2017. A member of the Democratic Party, he was the second-longest serving incumbent member of the Ho ...
of New York,
Jim McDermott James Adelbert McDermott (born December 28, 1936) is an American politician and psychiatrist who was the U.S. representative for from 1989 to 2017. He is a member of the Democratic Party. The 7th District includes most of Seattle, Vashon I ...
of
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
, John Conyers of
Michigan Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...
,
John Lewis John Robert Lewis (February 21, 1940 – July 17, 2020) was an American politician and civil rights activist who served in the United States House of Representatives for from 1987 until his death in 2020. He participated in the 1960 Nashville ...
of
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
, Pete Stark of
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
,
Neil Abercrombie Neil Abercrombie (born June 26, 1938) is an American politician who served as the seventh governor of Hawaii from 2010 to 2014. He is a member of the Democratic Party. Born in Buffalo, New York, Abercrombie is a graduate of Union College and th ...
of
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only state ...
) introduced
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
that would draft both men and women into either military or civilian government service, should there be a draft in the future. The bill was defeated on October 5, 2004, with two members voting for it and 402 members voting against. This statement was in reference to the U.S. Department of Defense use of "stop-loss" orders, which have extended the Active Duty periods of some military personnel. All enlistees, upon entering the service, volunteer for a minimum eight-year Military Service Obligation (MSO). This MSO is split between a minimum active duty period, followed by a reserve period where enlistees may be called back to active duty for the remainder of the eight years. Some of these active duty extensions have been for as long as two years. The Pentagon stated that as of August 24, 2004, 20,000 Soldiers, Sailors, Airmen, and Marines had been affected. As of January 31, 2006 it has been reported that more than 50,000 soldiers and reservists had been affected. Despite arguments by defense leaders that they had no interest in re-instituting the draft, Representative
Neil Abercrombie Neil Abercrombie (born June 26, 1938) is an American politician who served as the seventh governor of Hawaii from 2010 to 2014. He is a member of the Democratic Party. Born in Buffalo, New York, Abercrombie is a graduate of Union College and th ...
's (D-HI) inclusion of a DOD memo in the '' Congressional Record'' which detailed a meeting by senior leaders signaled renewed interest. Though the conclusion of the meeting memo did not call for a reinstatement of the draft, it did suggest Selective Service Act modifications to include registration by women and self-reporting of critical skills that could serve to meet military, homeland-defense, and humanitarian needs. This hinted at more targeted draft options being considered, perhaps like that of the "Doctor Draft" that began in the 1950s to provide nearly 66% of the medical professionals who served in the Army in Korea. Once created, this manpower tool continued to be used through 1972. The meeting memo gave DOD's primary reason for opposing a draft as a matter of cost effectiveness and efficiency. Draftees with less than two years' retention were said to be a net drain on military resources providing insufficient benefit to offset overhead costs of using them. Mentions of the draft during the presidential campaign led to a resurgence of anti-draft and draft resistance organizing. One poll of young voters in October 2004 found that 29% would resist if drafted. In November 2006, Representative
Charles B. Rangel Charles Bernard Rangel (, ; born June 11, 1930) is an American politician who was a U.S. representative for districts in New York from 1971 to 2017. A member of the Democratic Party, he was the second-longest serving incumbent member of the ...
(D-NY) again called for the draft to be reinstated;
Speaker of the House The speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England. Usage The title was first recorded in 1377 to describe the role of Thomas de Hungerf ...
Nancy Pelosi rejected the proposal. On December 19, 2006, President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
announced that he was considering sending more troops to Iraq. The next day, the Selective Service System's director for operations and chief information officer, Scott Campbell, announced plans for a "readiness exercise" to test the system's operations in 2006, for the first time since 1998. On December 21, 2006,
Veterans Affairs Veterans' affairs is an area of public policy concerned with relations between a government and its communities of military veterans. Some jurisdictions have a designated government agency or department, a Department of Veterans' Affairs, Minist ...
Secretary Jim Nicholson, when asked by a reporter whether the draft should be reinstated to make the military more equal, said, "I think that our society would benefit from that, yes sir." Nicholson proceeded to relate his experience as a company commander in an infantry unit which brought together soldiers of different socioeconomic backgrounds and education levels, noting that the draft "does bring people from all quarters of our society together in the common purpose of serving". Nicholson later issued a statement saying he does not support reinstating the draft. On August 10, 2007, with
National Public Radio National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other ...
on "All Things Considered",
Lieutenant General Lieutenant general (Lt Gen, LTG and similar) is a three-star military rank (NATO code OF-8) used in many countries. The rank traces its origins to the Middle Ages, where the title of lieutenant general was held by the second-in-command on the ...
Douglas Lute Lt. Gen. Douglas Edward Lute (born November 3, 1952) is a retired United States Army lieutenant general and public servant who served as the United States Permanent Representative to NATO from 2013 to 2017. He was nominated for the post by Preside ...
, National Security Adviser to the President and Congress for all matters pertaining to the
United States Military The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is th ...
efforts in
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to the north, Iran to the east, the Persian Gulf and K ...
and
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
, expressed support for a draft to alleviate the stress on the Army's all-volunteer force. He cited the fact that repeated deployments place much strain upon one soldier's family and himself which, in turn, can affect retention. A similar bill to Rangel's 2003 one was introduced in 2007, called the
Universal National Service Act of 2007 The Universal National Service Act is the name of at least four bills proposed in the United States Congress (in 2003, 2006, 2007, 2010 and 2013), sponsored by Congressman Charles Rangel of New York, proposing mandatory national service for young ...
(H.R. 393), but it has not received a hearing or been scheduled for consideration. At the end of June 2014 in Pennsylvania, 14,250 letters were erroneously posted to men born in the 19th century calling upon them to register with the Selective Service. This was attributed to a clerk at the Pennsylvania Department of Transportation who failed to select a century during a transfer of 400,000 records to the Selective Service; as a result, the system did not differentiate between men born in 1993 (who would need to register) and those born in 1893 (who would almost certainly be dead). This was compared to the "
Year 2000 problem The year 2000 problem, also known as the Y2K problem, Y2K scare, millennium bug, Y2K bug, Y2K glitch, Y2K error, or simply Y2K refers to potential computer errors related to the formatting and storage of calendar data for dates in and after ...
" ("Y2K bug"), in which computer programs that represented years using two digits instead of four digits were expected to have problems beginning in the year 2000. The Selective Service identified 27,218 records of men born in the 19th century made errantly applicable by the change of century and began sending out notices to them on June 30. On June 14, 2016, the Senate voted to require women to register for the draft, though language requiring this was dropped from later versions of the bill. In 2020, the
bipartisan Bipartisanship, sometimes referred to as nonpartisanship, is a political situation, usually in the context of a two-party system (especially those of the United States and some other western countries), in which opposing political parties find co ...
National Commission on Military, National, and Public Service issued a final report recommending that the military improve enlistment rates through improved outreach and recruiting rather than a renewed draft. However, it also recommended that the U.S. Department of Defense perform regular national mobilization drills to rehearse a recommencement of the draft. In 2020 and 2021, bills were introduced in Congress either to repeal the Military Selective Service Act or, alternatively, to replace all references to "male" in that act with non-gendered language. Either of these proposals, if enacted, would remove any gender and sex conditionality related to the draft.


Non-citizens

The Selective Service (and the draft) in the United States is not limited to citizens.
Howard Stringer Sir Howard Stringer (born 19 February 1942) is a Welsh-American businessman. He had a 30-year career at CBS, culminating in him serving as the president of CBS News from 1986 to 1988, then president of CBS from 1988 to 1995. He served as chairm ...
, for example, was drafted six weeks after arriving from his native Britain in 1965. Today, non-citizen males of appropriate age in the United States, who are
permanent residents Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such ...
(holders of green cards), seasonal agricultural workers not holding an
H-2A Visa An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. There are several requirements of the employer in regard to this visa. The H-2A temporary agricultural program establishes a means for agricu ...
, refugees, parolees, asylees, and
illegal immigrants Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwa ...
, are required to register with the Selective Service System.Selective Service System – Who Must Register
Refusal to do so is grounds for denial of a future citizenship application. In addition, immigrants who seek to
naturalize Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the i ...
as citizens must, as part of the Oath of Citizenship, swear to the following:
... that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law;
The
United States Citizenship and Immigration Services U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalizati ...
(USCIS) website also states however:
However, since 1975, USCIS has allowed the oath to be taken without the clauses: "... that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by law ..."


See also

* Conscription crisis *
Demobilization of United States armed forces after World War II The Demobilization of United States armed forces after the Second World War began with the End of World War II in Europe, defeat of Germany in May 1945 and continued through 1946. The United States had more than 12 million men and women in the a ...
*
Milton Friedman Milton Friedman (; July 31, 1912 – November 16, 2006) was an American economist and statistician who received the 1976 Nobel Memorial Prize in Economic Sciences for his research on consumption analysis, monetary history and theory and the ...
*
National service National service is the system of voluntary government service, usually military service. Conscription is mandatory national service. The term ''national service'' comes from the United Kingdom's National Service (Armed Forces) Act 1939. The ...
*
Peace churches Peace churches are Christian churches, groups or communities advocating Christian pacifism or Biblical nonresistance. The term historic peace churches refers specifically only to three church groups among pacifist churches: * Church of the Brethr ...
*
ServiceNation ServiceNation was a campaign of Be The Change, Inc., a 501(c)(3) organization based in Boston, Massachusetts. Its mission is to rekindle an ethic of civic responsibility in America through universal national service. ServiceNation's goal was to expa ...
* Selective Service System


Footnotes


References and further reading

* .
Full text
. * Leach, Jack F. ''Conscription in the United States: Historical Background.'' (Rutland, Vt., 1952)


American Revolution

* Dougherty, Keith L. ''Collective Action under the Articles of Confederation. '' Cambridge U. Press, 2001. 211 pp.


Civil War

* Anbinder, Tyler. "Which Poor Man’s Fight?: Immigrants and the Federal Conscription of 1863." ''Civil War History'' 52.4 (2006): 344–372. * Bernstein, Iver. ''The New York City Draft Riots: Their Significance for American Society and Politics in the Age of the Civil War '' (1990)
online edition
* Cruz, Barbara C. and Jennifer Marques Patterson. "'In the Midst of Strange and Terrible Times': The New York City Draft Riots of 1863." ''Social Education.'' v. 69#1 2005. pp. 10+, with teacher's guide and URL's
online version
* Geary, James W. ''We Need Men: The Union Draft in the Civil War'' (1991) pp. 264 * Geary, James W. "Civil War Conscription in the North: A Historiographical Review," ''Civil War History'' 32 (1986): 208–228

* Hilderman, Walter C., III. ''They Went into the Fight Cheering! Confederate Conscription in North Carolina. '' Boone, N.C.: Parkway, 2005. pp. 272 * Hyman, Harold M. ''A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution.'' (1973), ch 13
online edition
* Kenny, Kevin. "Abraham Lincoln and the American Irish." ''American Journal of Irish Studies'' (2013): 39–64. * Levine, Peter. "Draft Evasion in the North during the Civil War, 1863–1865," ''Journal of American History'' 67 (1981): 816–83
online edition
* Man Jr, Albon P. "Labor competition and the New York draft riots of 1863." ''Journal of Negro History'' 36.4 (1951): 375–405. On Black role
online
* Moore, Albert Burton. ''Conscription and Conflict in the Confederacy'' 192
online edition
* Murdoch, Eugene C. ''One Million Men: The Civil War Draft in the North'' (1971). * Perri, Timothy J. “The Economics of US Civil War Conscription.” ''American Law and Economics Review'' 10#2 (2008), pp. 424–53
online
* Shankman, Arnold. "Draft Resistance in Civil War Pennsylvania." ''Pennsylvania Magazine of History and Biography'' (1977): 190204
online
* Wheeler, Kenneth H. "Local Autonomy and Civil War Draft Resistance: Holmes County, Ohio." ''Civil War History.'' v.45#2 1999. pp. 147
online edition


World War I

* Chambers II, John Whiteclay. ''To Raise an Army: The Draft Comes to Modern America'' (1987), comprehensive look at the national level. * * Ford, Nancy Gentile. "'Mindful of the Traditions of His Race': Dual Identity and Foreign-born Soldiers in the First World War American Army." ''Journal of American Ethnic History'' 1997 16(2): 35–57. Fulltext: in Ebsco * Hickle, K. Walter. "'Justice and the Highest Kind of Equality Require Discrimination': Citizenship, Dependency, and Conscription in the South, 1917–1919." ''Journal of Southern History.'' v. 66#4 2000. pp. 749
online version
* Keith, Jeanette. "The Politics of Southern Draft Resistance, 1917–1918: Class, Race, and Conscription in the Rural South." ''Journal of American History'' 2000 87(4): 1335–1361. Fulltext: in Jstor and Ebsco * Keith, Jeanette. ''Rich Man's War, Poor Man's Fight: Race, Class, and Power in the Rural South during the First World War.'' 2004. 260pp. * Kennedy, David M. ''Over Here: The First World War and American Society'' (1980), ch
online edition
* Shenk, Gerald E. "Race, Manhood, and Manpower: Mobilizing Rural Georgia for World War I," ''Georgia Historical Quarterly'', 81 (Fall 1997), 622–662 * Woodward, C. Vann. ''Tom Watson, Agrarian Rebel'' (1938), pp. 451–463. * Sieger, Susan. "She Didn't Raise Her Boy to Be a Slacker: Motherhood, Conscription, and the Culture of the First World War." ''Feminist Studies.'' v. 22#1 1996. pp. 7+
online edition
*


World War II

* Flynn, George Q. ''The Draft, 1940–1973.'' Lawrence: University Press of Kansas, 1993; the standard history * Garry, Clifford J. and Samuel R. Spencer Jr. ''The First Peacetime Draft.'' 1986. * Goossen, Rachel Waltner; ''Women against the Good War: Conscientious Objection and Gender on the American Home Front, 1941–1947'' 199
online edition
* Westbrook, Robert. "'I Want a Girl Just Like the Girl That Married Harry James': American Women and the Problem of Political Obligation in WWII," ''American Quarterly'' 42 (December 1990): 587–614; online in JSTOR


Cold War and Vietnam

* * Flynn, George Q. ''The Draft, 1940–1973.'' Lawrence: University Press of Kansas, 1993; the standard history * Marc Leepson, "What It Was Like to Be Drafted,


Recent

* Halstead, Fred. ''GIs Speak out against the War: The Case of the Ft. Jackson 8''. 128 pages. New York: Pathfinder Press. 1970. * Warner, John T. and Beth J. Asch. "The Record and Prospects of the All-volunteer Military in the United States." ''Journal of Economic Perspectives'' 2001 15(2): 169–192. Fulltext: in Jstor and Ebsco * Wooten; Evan M
"Banging on the Backdoor Draft: The Constitutional Validity of Stop-Loss in the Military"
''William and Mary Law Review'', Vol. 47, 2005 * Chambers II, John Whiteclay, ed. ''Draftees or Volunteers: A Documentary History of the Debate over Military Conscription in the United States, 1787–1973'', (1975) (1976) (2011)


External links

* "What It Was Like to be Drafted,


Selective Service System official website

''Rolling Stone'' magazine: "The Return of the Draft" 2005
* How To Beat The Draft Board
Reinstating the military draft by Walter E. Williams


* ttps://blogs.loc.gov/loc/2016/09/world-war-i-conscription-laws/ World War I: Conscription Laws from the Library of Congress Blog {{DEFAULTSORT:Conscription In The United States American nationalism
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
United States military policies