60 Controversy Analysis 2 – “Compulsory Military Service in the United States”
Zanden Dyke
Compulsory Military Service in the United States
The purpose of the United States military is to protect the security and interests of the nation (United States, Department of Defense). The U.S. military currently relies on voluntary enlistment to maintain its population. Conversely, many countries around the world employ the method of compulsory military service, also known as conscription, in order to consistently populate their armed forces. The details of compulsory military service can vary depending on the country; however, the concept of compulsory military service is that all able-bodied citizens of the country will be required to serve in the military for a certain amount of time after turning 18. Although the United States has experienced conscription in times of war, it has never been permanent like it is in China where the law states that is mandatory to perform military service (People’s Republic of China). The question is: Should military service in the United States be compulsory?
It is no surprise that a topic such as compulsory military service is controversial because it has the potential to affect the lives of nearly every U.S. citizen in some way. Most of the controversy caused by this topic comes from two main disagreements: whether or not it is logical, and whether or not it is constitutional. There are not two distinct sides to this argument. In fact, there are likely countless opinions on the matter, but it would be impractical—regardless of the length of this paper—to attempt to cover every single possible opinion. The most noteworthy stakeholders of this controversy include the general public (which can be divided into at least two sides) and the U.S. government.
The portion of the general population that is in favor of compulsory military service in the United States argue that not only is it constitutional, but it would be beneficial to the entire nation. The claim that conscription is constitutional can be supported by the statement: “The Congress shall have Power…. To raise and support Armies” (Constitution). It can be argued that since Congress has the power “to raise and support armies,” they have the power to mandate military service. Additionally, some people claim that the benefits of compulsory military service outweigh the disadvantages. For example, advocates of conscription claim that it would ensure the protection of the nation by guaranteeing that the amount of people in the military is consistently adequate to defend against threats of any kind. Along with serving the best interests of the nation as a whole, compulsory military service could benefit U.S. citizens individually by increasing fitness and discipline.
The portion of the general population that is against compulsory military service argue nearly the exact opposite as those in favor of it. Opponents argue that not only is conscription unconstitutional, but it would also cause more harm than good. This side argues that conscription is unconstitutional due to the statement: “Neither slavery nor involuntary servitude… shall exist within the United States” (Constitution). Those against compulsory military service point in particular to the term “involuntary servitude” to make their argument that conscription violates the Constitution. Moreover, they claim that compulsory military service could actually hurt the United States through issues such as economic loss and disruptions in education and career paths. Considering that people would lose roughly two years—which is about the typical amount of time for mandatory military service—due to conscription, the economy would suffer the losses of two years of economic contributions per person. Similarly, conscription could put people into a position where their education or career path is interrupted due to loss of time and availability. Both of these things have the potential to harm not only the current state of the nation, but its future as well.
The government—although not completely unified on an argument—has suggested that compulsory military service does not violate the Constitution. In the year 1917, the Supreme Court ruled that the draft, or conscription, was constitutional:
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. (White and Supreme Court).
Although this Supreme Court ruling took place when conscription was being considered during a time of war, the government could still argue that this ruling assures that conscription can be justified as constitutional.
In short, due to strong arguments from the opposing sides of the debate, the topic of compulsory military service in the United States will likely remain controversial for a long time. Whether or not conscription is constitutional can be argued both ways. Regardless of future Supreme Court rulings, it is unlikely that people will ever be willing to agree on the matter. Personally, I believe that based on the words of the Constitution and the ruling of the Supreme Court, compulsory military service does not violate the Constitution. However, I also believe that considering the educational and economic loss that would likely be suffered, it would be in the best interest of the nation for the military to remain as an all-volunteer force until it is absolutely necessary that military service be made compulsory.
Works Cited
The Constitution of the United States: A Transcription. National Archives, U.S. National Archives and Records Administration, 28 Feb. 2017, www.archives.gov/founding-docs/constitution-transcript.
People’s Republic of China, Military Service Law, 1984. Asian Legal Information Institute, www.asianlii.org/cn/legis/cen/laws/mslotproc463. Accessed 12 Sept. 2021.
United States, Department of Defense. Know Your Military. www.defense.gov/KnowYourMilitary/Know-Your-Mil/Know-Your-Mil-Poster-Archive. Accessed 12 Sept. 2021.
White, Edward Douglass, and Supreme Court of The United States. U.S. Reports: Selective Draft Law Cases, 245 U.S. 366, 1917. Library of Congress, www.loc.gov/item/usrep245366/.
