In the United States, military conscription, commonly known as the draft, has been employed by the U.S. federal government in six conflicts: the American Revolutionary War, the American Civil War, World War I, World War II, the Korean War, and the Vietnam War. The fourth incarnation of the draft came into being in 1940, through the Selective Training and Service Act; this was the country's first peacetime draft.[1]
From 1940 until 1973, during both peacetime and periods of conflict, men were drafted to fill vacancies in the U.S. Armed Forces that could not be filled through voluntary means. Active conscription in the United States ended in January 1973, and the U.S. Armed Forces moved to an all-volunteer military except for draftees called up through the end of 1972. Conscription remains in place on a contingency basis, however, in that all male U.S. citizens, even those residing abroad, and all male immigrants, whether documented or undocumented but residing within the United States, are required to register with the Selective Service System (SSS) between the ages of 18 and 25.[2][3][4] Failure to register for the SSS, when otherwise required, can mean denial of many federal services, such as federal health care programs.
Although it has not been applied in recent American history, U.S. federal law continues to allow for compulsory conscription for militia service under emergency or extraordinary security conditions. The law is described in Article I, Section 8 of the United States Constitution and 10 U.S. Code § 246.[5][6][7] Such conscription would apply to able-bodied men between the ages of 17 and 44 who are, or who have made a declaration of intention to become, U.S. citizens, as well as women in certain health care occupations.
Conscription has faced strong opposition throughout American history from prominent figures like Daniel Webster, who stated, "A free government with an uncontrolled power of military conscription is the most ridiculous and abominable contradiction and nonsense that ever entered into the heads of men."[8]
- ^ Holbrook, Heber A. (July 4, 2001). "The Crisis Years: 1940 and 1941". The Pacific Ship and Shore Historical Review. p. 2. Archived from the original on July 14, 2006.
- ^ "Registration > Why Register". Selective Service System. Archived from the original on March 16, 2020. Retrieved January 3, 2020.
- ^ "Who Must Register". sss.gov. Archived from the original on May 7, 2009.
- ^ "Frequently Asked Questions". Selective Service System. Retrieved June 12, 2024.
- ^ "10 U.S. Code § 246 – Militia: Composition and classes".
- ^ Stentiford, Barry M. (2002). The American Home Guard: The State Militia in the Twentieth Century. Texas A&M University Press. p. 18. ISBN 978-1-58544-181-5.
- ^ Freeman, Harrop A. (Spring 1971). "The Constitutionality of Direct Federal Military Conscription". Indiana Law Journal. 46 (3) 2.
- ^ House, United States Congress (1955). Hearings. U.S. Government Printing Office.