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New President
Message
From
14/09/2009 11:47:28
 
 
General information
Forum:
Politics
Category:
Other
Title:
Miscellaneous
Thread ID:
01359709
Message ID:
01424201
Views:
72
> Conscription of the entire population is more appropriate to North Korea or Cuba than to the US.
>
>That was my question to Tracy - my asking her feelings on the 1st and 2nd amendment was a bit of the socratic method, since conscription is a violation of the 13th amendment.

Conscription relates to required military service. The constitution clearly authorizes it: raise and support Armies. Education in exchange for voluntary public service is not involuntary servitude which the 13th Amendment prohibits.

Or perhaps the Supreme Courts ruling (Chief Justice White’s to be exact) on that would be clearer:

''As we are unable to conceive upon what theory the exaction by government from the citizen of the performance of his supreme and noble duty of contributing to the defense of the rights and honor of the nation, as the result of a war declared by the great representative body of the people, can be said to be the imposition of involuntary servitude in violation of the prohibitions of the Thirteenth Amendment, we are constrained to the conclusion that the contention to that effect is refuted by its mere statement.''

http://biotech.law.lsu.edu/cases/nat-sec/selective-draft.htm

The law imposes neither slavery nor involuntary servitude. The Thirteenth Amendment was intended to abolish only the well-known forms of slavery and involuntary servitude akin thereto, and not to destroy the power of the Government to compel a citizen to render public service.

The highest duty of the citizen is to bear arms at the call of the nation. This duty is inherent in citizenship; without it and the correlative power of the State to compel its performance society could not be maintained. Vattel, Law of Nations, Book III, c. 2, §§ 8, 10. It is a contradiction in terms to say that the United States is a sovereign and yet lacks this power of self-defense. Hence, the power was expressly granted by the Constitution. Art. I, § 8. It is found in the power to declare war, which means a power to carry on war successfully, i.e., with the means necessary. Vattel, Book III, c. 2, § 7; United States v. Sugar, 243 Fed. Rep. 423, 436; Kneedler v. Lane, 45 Pa. St. 238. Also in the power to raise and support armies, which is conferred broadly, and without limitation, other than the restriction that appropriations to support armies shall not exceed two years. There is no provision limiting the means to voluntary enlistment. On the contrary, Congress is expressly empowered to use all means necessary and proper to carry out the express grant. Hence, the power to resort either to voluntary enlistment or to enforced draft is express. Selective draft is not only an appropriate means but under the conditions of modern warfare the most prudent, just, and equitable method which can be employed. That the power to compel military service is an incident of sovereignty appears from the custom of nations. Compulsory service is now exacted by practically all the nations of the globe. The compulsory draft was a normal method of raising armies in the United States in 1787 when the Constitution was adopted. It was expressly recognized in many state constitutions, was enforced by the States for local purposes in calling out the militia, and also for obtaining levies to fill the ranks of the Continental Army. The constitutions of five States during the Revolutionary War period express the principle of universal military service. Militia duty was imposed upon all arms-bearing citizens of the original thirteen States during the eighteenth century

There's plenty more.
.·*´¨)
.·`TCH
(..·*

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"When the debate is lost, slander becomes the tool of the loser." - Socrates
Vita contingit, Vive cum eo. (Life Happens, Live With it.)
"Life is not measured by the number of breaths we take, but by the moments that take our breath away." -- author unknown
"De omnibus dubitandum"
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