Ben Bertoni
Background:
While searching for a suitable topic for this assignment, I found a discussion that has immediate relevance to be as both a Libertarian and prospective member of the military. I decided on the topic of the U.S. conscription process after talking with several friends and observing ‘meme culture’, and how it fantasized about this system with the rise in geo-political unrest. This topic has many different outlets of opinion, but the two that I will focus on are largely mainstream in terms of cohesion and evidence. These two sides are divided by Constitutional interpretation, specifically having to do with what rights the American government has to form a militant force to defend itself with. The foundation of this disagreement is the understanding of whether the conscription process is a right of the federal government as given by the constitution, or is actually ‘involuntary servitude’ as defined by the 13th Amendment. My position on this topic is far more nuanced than these two principled understandings, though I would strongly side with conscription being classified as involuntary service. One of these nuances is the distinction that I make between an ‘offensive’ and ‘defensive’ war. Based on this contrast, I believe that defensive wars, or those that are preemptive responses to a threat or attack on sovereign soil of the United States, and offensive wars are any militant actions that do not fit this description.
Introduction:
If you have been on any social media platform over the past two to three months you are likely aware of the sensationalization that younger generations have placed on the military draft through meme culture. While much of this is overexaggerated by means of ignorance to the topic of conscription or geo-political unrest on a whole, this reaction illustrates that a lionshare of the public is largely confused with the legal protocol and jargon of the conscription process. The common understanding is that only ‘eligible’ males between the ages of 18 and 25 are required to register with the Selective Service, the federal organization that controls how the draft occurs. However, what most do not grasp is that every male between the aforementioned age range is required to register, regardless of disabilities or conscientious objections. In this paper, I will demonstrate my full support of a conscription process for defensive wars, but argue that offensive wars should not be allowed to enforce mandatory enlistment because it is an abuse of power by the U.S. government.
Body:
It is always best to start by defining particulars and in this portion of the proposal we will dive into what ‘conscription’ means, as it pertains to its use in the United States system of Selective Service. Understanding these terms is critical to grasping the larger context as well as being able to enter into the wider academic discussion in good faith. Conscription, also known as the draft, is defined as “compulsory enrollment for service in a country’s armed forces.” This institution has been a staple of regimes since ancient history, and is widely seen as a set in stone tradition that is necessary for safety and security of a given nation or territory. However, as a Libertarian, I recognize that the government’s true purpose is to self-perpetuate more government. As a result, I am skeptical of government regulations and mandations, and argue that conscription, or mandatory military service, should only be employed in defensive wars. Allowing the government to install a draft for an offensive war (any military response not in the territories of the US), continues a dangerous precedent in which we as citizens are slaves to the whims of those who control these institutions.
The current state of this discussion is still heavily debated between political ideologies, namely libertarian and conservative groups. My goal is to shed new light on this division and bring new understanding to the separation of legality and morality. The major foundation that the anti-conscription group utilizes as a defense of their interpretation of conscription is the 13th Amendment of the U.S. Constitution. The full text of the 13th Amendment (where we derive the notion of involuntary servitude) is as follows: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” This was originally the amendment that abolished slavery in the United States and since that point it has been widely used as a criticism of conscription. This was best illustrated when the Libertarian Party put out a statement condemning conscription outright.
“The draft is simply slavery by another name. Drafting people to go abroad and kill or be killed is barbaric and a discredit to our military and country,” says Nicholas Sarwark, chair of the Libertarian National Committee. “If a national emergency is so severe as to merit mobilizing extra troops, Americans from all backgrounds, ages, and genders will pitch in to do what is needed. The Libertarian Party urges elected leaders to end the draft and also to pursue foreign policy which is less dependent on military might.”
Though this is from an institution that I largely agree with on a political level, I take issue with the destruction of conscription as a whole. Conscription has valuable contributions to give to society as a whole. For example, conscription gives testament to the social contract that exists between private citizens and the federal government, a notion that was popularized by theorists such as Jean-Jacques Rousseau, Thomas Hobbes, and John Locke. The basic idea of the social contract that citizens create and give power to a government, and in return the government rewards the citizens with rights. Rights, such as property rights, are provided by the government, but liberties are what keeps the government under the control of the people. Both citizens and government have duties to each other, thus allowing each to operate in a balanced and checked system. Taxes and conscription are duties of the citizenship to the U.S. government, therefore I am not arguing for the demolishing of conscription; simply a qualifier for what the government has a right to demand from its people.
All Americans, and especially libertarians (who purport to both encourage liberty and be more effective than government when it comes to saving money and lives), should think about both constitutional and cultural benefits and regressions of maintaining conscription because it is important to differentiate between checking the powers of government and undermining a common good. This is because most libertarians have anarchical leanings and this boosts a dishonest approach to the necessity of government. Some libertarians argue that the social contract theory is a “statist apologia”, and that it is simply an excuse used by those who support the limitation of liberty. Though this dives into another topic completely, such a statement makes me completely disregard them as rational beings. Going into an argument believing whole-heartedly that the opposition is operating in bad faith, is detrimental to the outcome, especially if you claim to be operating in good faith while employing such antics.
The main citation that those who support the conscription process is found in Article 1, Section 8, Clause 12 of the US Constitution. It is stated that the US Congress has the absolute power to, “…raise and support armies, but no appropriation of money to that use shall be for a longer term than two years.” The main issue that I have with this interpretation of the clause is that though the Constitution has the ability to ‘raise and support armies’ there are conflicting amendments. The 13th Amendment which we went over in the first paragraph, would define conscription as compulsory (mandatory) which would breach the clause having to do with involuntary servitude. With this being said, the government should have the right to defend itself along with its citizens, and thus I argue that defensive wars should be the only instance wherein the draft is used. Even the Selective Service System echoes this sentiment:
“The constitutionality of the Military Selective Service Act (MSSA) has been consistently upheld by the U.S. Supreme Court. As was stated by the Court in the case of Wayte v. United States, 470 U.S. 598 (1985), “Few interests can be more compelling than a nation’s need to ensure its own security. It is well to remember that freedom as we know it has been suppressed in many countries. Unless a society has the capability and will to defend itself from the aggressions of others, constitutional protections of any sort have little meaning.”
Conclusion:
The ongoing debate between contemporary scholars on whether or not military conscription is a right of government or simply an abuse of power is still raging. However, in this paper I offer up my simple argument for why there should be a clear distinction between an ‘offensive’ war and a ‘defensive’ force used to defend the homeland of the United States. Offensive wars should only be manned by employed members of the military and the volunteership of those who feel strongly about that particular conflict. I charge all libertarians who claim to value human life to consider employing the social contract theory to rationalize future opinions on government action. It is important to utilize our ability to see the dangers of unchecked government to support the public, not just ourselves.
BIBLIOGRAPHY:
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