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Military conscription, much like an “individual mandate,” is slavery. Unscrupulous chicken hawks will use government law to coerce citizens in waging warfare against frightened foreigners who have caused us no harm; the goal here for American patriots is to be able to navigate the Kafkaesque legal quagmire in order to minimize harm while also reducing pain. If there were a motto or slogan that encapsulates the libertarian spirit of draft resistance, it would be non serviam tyrannis!
Constitutionally, the enumerated powers of Congress, as well as one of the roles of the President, appear to justify the legitimacy of the draft itself. The following clauses establish the federal military:
- War Powers Clause (Art. I § 8 cl. 11)
- Army Clause (Art. I § 8 cl. 12)
- Navy Clause (Art. I § 8 cl. 13)
- Insurrection Clause (Art. I § 8 cl. 14)
- Militia Clause (Art. I § 8 cl. 15)
- Commander-in-Chief Clause (Art. II § 2 cl. 1)
These constitutional clauses are enumerated, in the same order, thusly:
“The Congress shall have Power…To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy… To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; 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…”
“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several states, when called into the actual Service of the United States…”
So, what you have here is a situation whereby the federal legislature is constitutionally authorized to not only declare war, but also commission privateers. To those ends, Congress is delegated by the Constitution to not only have its own Army and its own Navy, but also regulatory control over the Militia as well. This is further reinforced by the federal executive’s role as the supreme commander of the federal military. In light of these half dozen constitutional clauses, it would be nearly impossible to argue that conscription is unconstitutional, for how otherwise is Congress able to carry out its powers and duties in a time of war, not to say anything of the President?