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In the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, military
conscription Conscription, also known as the draft in the United States and Israel, is the practice in which the compulsory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it conti ...
, commonly known as the draft, has been employed by the
U.S. federal government The Federal Government of the United States of America (U.S. federal government or U.S. government) is the national government of the United States. The U.S. federal government is composed of three distinct branches: legislative, execut ...
in six conflicts: the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was the armed conflict that comprised the final eight years of the broader American Revolution, in which Am ...
, the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
,
World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
,
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, the
Korean War The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was s ...
, and the
Vietnam War The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
. The fourth incarnation of the
draft Draft, the draft, or draught may refer to: Watercraft dimensions * Draft (hull), the distance from waterline to keel of a vessel * Draft (sail), degree of curvature in a sail * Air draft, distance from waterline to the highest point on a v ...
came into being in 1940, through the Selective Training and Service Act; this was the country's first peacetime draft. From 1940 until 1973, during both peacetime and periods of conflict, men were drafted to fill vacancies in the
U.S. Armed Forces The United States Armed Forces are the military forces of the United States. U.S. federal law names six armed forces: the Army, Marine Corps, Navy, Air Force, Space Force, and the Coast Guard. Since 1949, all of the armed forces, except th ...
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 A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...
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. 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 Military under emergency or extraordinary security conditions. The law is described in Article I, Section 8 of the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
. Conscription of 17-year-olds is optional and requires parental consent. Conscription has faced strong opposition throughout American history from prominent figures like
Daniel Webster Daniel Webster (January 18, 1782 – October 24, 1852) was an American lawyer and statesman who represented New Hampshire and Massachusetts in the U.S. Congress and served as the 14th and 19th United States Secretary of State, U.S. secretary o ...
, 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."


History


Colonial era to 1862

In
colonial times The ''Colonial Times'' was a newspaper in what is now the Australian state of Tasmania. It was established as the ''Colonial Times, and Tasmanian Advertiser'' in 1825 in Hobart, Van Diemen's Land Van Diemen's Land was the colon ...
, the
Thirteen Colonies The Thirteen Colonies were the British colonies on the Atlantic coast of North America which broke away from the British Crown in the American Revolutionary War (1775–1783), and joined to form the United States of America. The Thirteen C ...
used a
militia A militia ( ) is a military or paramilitary force that comprises civilian members, as opposed to a professional standing army of regular, full-time military personnel. Militias may be raised in times of need to support regular troops or se ...
system for defense. Colonial militia laws—and after independence, those of the United States and the various states—required able-bodied non-enslaved males to enroll in the militia, to undergo a minimum of military training, and to serve for limited periods of time in war or emergency. This earliest form of
conscription Conscription, also known as the draft in the United States and Israel, is the practice in which the compulsory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it conti ...
involved selective drafts of militiamen for service in particular campaigns. Following this system in its essentials, the
Continental Congress The Continental Congress was a series of legislature, legislative bodies, with some executive function, for the Thirteen Colonies of British America, Great Britain in North America, and the newly declared United States before, during, and after ...
in 1778 recommended that the states draft men from their militias for one year's service in the
Continental Army The Continental Army was the army of the United Colonies representing the Thirteen Colonies and later the United States during the American Revolutionary War. It was formed on June 14, 1775, by a resolution passed by the Second Continental Co ...
; this first national conscription was irregularly applied and failed to fill the Continental ranks. For long-term operations, conscription was occasionally used when volunteers or paid substitutes were insufficient to raise the needed manpower. During the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was the armed conflict that comprised the final eight years of the broader American Revolution, in which Am ...
, the states sometimes drafted men for militia duty or to fill state
Continental Army The Continental Army was the army of the United Colonies representing the Thirteen Colonies and later the United States during the American Revolutionary War. It was formed on June 14, 1775, by a resolution passed by the Second Continental Co ...
units, but the central government did not have the authority to conscript except for purposes of naval impressment. The 1789 constitution lists among of the enumerated powers of Congress the ability to create its own armies and navy for unlimited purposes, and to fund and regulate state militias that could be called up only for federal law enforcement and domestic defense. The new constitution also made the President of the United States the commander-in-chief of both the federal military and the militia when in federal service. The Second Militia Act of 1792 defined the first group who could be called up as "each and every free able-bodied white male citizen" between the ages of 18 and 45. During the
War of 1812 The War of 1812 was fought by the United States and its allies against the United Kingdom of Great Britain and Ireland, United Kingdom and its allies in North America. It began when the United States United States declaration of war on the Uni ...
, President
James Madison James Madison (June 28, 1836) was an American statesman, diplomat, and Founding Fathers of the United States, Founding Father who served as the fourth president of the United States from 1809 to 1817. Madison was popularly acclaimed as the ...
and his Secretary of War
James Monroe James Monroe ( ; April 28, 1758July 4, 1831) was an American Founding Father of the United States, Founding Father who served as the fifth president of the United States from 1817 to 1825. He was the last Founding Father to serve as presiden ...
unsuccessfully attempted to create a national draft of 40,000 men. The proposal was fiercely criticized on the House floor by antiwar Congressman
Daniel Webster Daniel Webster (January 18, 1782 – October 24, 1852) was an American lawyer and statesman who represented New Hampshire and Massachusetts in the U.S. Congress and served as the 14th and 19th United States Secretary of State, U.S. secretary o ...
of
New Hampshire New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
.


Civil War

The United States first employed national conscription during the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
. The vast majority of troops were volunteers; of the 2,200,000 Union soldiers, about 2% were draftees, and another 6% were substitutes paid by draftees. The
Confederacy A confederation (also known as a confederacy or league) is a political union of sovereign states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issu ...
had far fewer inhabitants than the Union, and Confederate President
Jefferson Davis Jefferson F. Davis (June 3, 1808December 6, 1889) was an American politician who served as the only President of the Confederate States of America, president of the Confederate States from 1861 to 1865. He represented Mississippi in the Unite ...
proposed the first conscription act on March 28, 1862; it was passed into law the next month. Resistance was both widespread and violent, with comparisons made between conscription and slavery. Both sides permitted conscripts to hire substitutes to serve in their place. In the Union, many states and cities offered bounties and bonuses for enlistment. They also arranged to take credit against their draft quota by claiming freed slaves who enlisted in the Union Army. Although both sides resorted to conscription, the system did not work effectively for either. The
Confederate Congress The Confederate States Congress was both the provisional and permanent legislative assembly/legislature of the Confederate States of America that existed from February 1861 to April/June 1865, during the American Civil War. Its actions were, ...
on April 16, 1862, passed an act requiring military service for three years from all white males aged 18 to 35 not legally exempt. It later extended the obligation. The U.S. Congress passed the
Militia Act of 1862 The Militia Act of 1862 (, enacted July 17, 1862) was an Act of the 37th United States Congress, during the American Civil War, that authorized a militia draft within a state when the state could not meet its quota with volunteers. The Act, f ...
which mirrored the 1792 Act except to remove the enrollment of the White race only in the Militia. Additionally authorizing a militia draft within a state when it could not meet its quota with volunteers. This state-administered system failed in practice and Congress passed the
Enrollment Act The Enrollment Act of 1863 (, enacted March 3, 1863) also known as the Civil War Military Draft Act, was an Act passed by the United States Congress during the American Civil War to provide fresh manpower for the Union Army. The Act was the fir ...
of 1863, the first genuine national conscription law, replacing the Militia Act of 1862, which required the enrollment of every male citizen and those immigrants (aliens) who had filed for citizenship, between 20 and 45 years of age, unless exempted by the Act. It set up under the Union Army an elaborate machine for enrolling and drafting men. Quotas were assigned in each state, the deficiencies in volunteers required to be met by conscription. Still, men drafted could provide substitutes, and until mid-1864 could also avoid service by paying commutation money. Many eligible men pooled their money to cover the cost of any one of them drafted. Families used the substitute provision to select which member should go into the army and which would stay home. Another popular means of procuring a substitute was to pay a soldier whose period of enlistment was about to expire—the advantage of this method was that the Army could retain a trained veteran in place of a raw recruit. Of the 168,649 men procured for the Union Army through the draft, 117,986 were substitutes, leaving 50,663 who had their personal services conscripted. There was much evasion and overt resistance to the draft, and the New York City draft riots were in direct response to the draft and were the first large-scale resistance against the draft in the United States. The problem of Confederate desertion was aggravated by the inequitable inclinations of conscription officers and local judges. The three conscription acts of the Confederacy exempted certain categories, such as the
planter class The planter class was a Racial hierarchy, racial and socioeconomic class which emerged in the Americas during European colonization of the Americas, European colonization in the early modern period. Members of the class, most of whom were settle ...
. Enrollment officers and local judges often practiced favoritism, sometimes accepting bribes. Attempts to effectively deal with the issue were frustrated by conflict between state and local governments on the one hand and the national government of the Confederacy. During the Civil War, there were critics against the policy of conscription. For example,
Frederick Douglass Frederick Douglass (born Frederick Augustus Washington Bailey, February 14, 1818 – February 20, 1895) was an American social reformer, Abolitionism in the United States, abolitionist, orator, writer, and statesman. He was the most impor ...
, an escaped slave and abolitionist strongly advocated against the policy. Douglass asserted, "What is freedom? It is the right to choose one's own employment. Certainly it means that, if it means anything. And when any individual or combination of individuals, undertakes to decide for any man when he shall work, where he shall work, at what he shall work, and for what he shall work, he or they practically reduce him to slavery."


National Guard

The
Militia Act of 1903 The Militia Act of 1903 (), also known as the Efficiency in Militia Act of 1903 or the Dick Act, was legislation enacted by the United States Congress to create what would become the modern National Guard from a subset of the militia, and codify ...
reorganized the federally supported state militias as the National Guard, aligning their training with active duty needs so they could be quickly put into federal service. In 1933, Congress reorganized the National Guard under its Article I enumerated power to "raise and support armies" instead of its power to "Provide for organizing, arming and disciplining the Militia". This avoids the constraint on federal militia service that it can only be used "to execute the laws of the Union, suppress insurrections and repel invasions." Able-bodied men between the ages of 17 and 45 outside of the National Guard are defined in the Militia Act and under the laws of some states as the unorganized militia, which may be called into state or federal service as needed.


World War I

In 1917, the administration of
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
Woodrow Wilson Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was the 28th president of the United States, serving from 1913 to 1921. He was the only History of the Democratic Party (United States), Democrat to serve as president during the Prog ...
decided to rely primarily on conscription, rather than voluntary enlistment, to raise military manpower for
World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
when only 73,000 volunteers enlisted out of the initial 1 million target in the first six weeks of the war. One ascribed motivation was to thwart former president
Theodore Roosevelt Theodore Roosevelt Jr. (October 27, 1858 – January 6, 1919), also known as Teddy or T.R., was the 26th president of the United States, serving from 1901 to 1909. Roosevelt previously was involved in New York (state), New York politics, incl ...
, who proposed raising a volunteer division, which would have upstaged Wilson. However, there is no evidence that Roosevelt had enough support to carry out that plan, and because Wilson had just started his second term, the former President's prospects for substantial political gain seemed dubious. The
Selective Service Act of 1917 The Selective Service Act of 1917 or Selective Draft Act () authorized the United States federal government to raise a national army for service in World War I through conscription. It was envisioned in December 1916 and brought to Presiden ...
was carefully drawn to remedy the defects in the Civil War system and—by allowing exemptions for dependency, essential occupations, and religious scruples—to place each man in his proper niche in a national war effort. The act established a "liability for military service of all male citizens"; authorized a selective draft of all those between 21 and 31 years of age (later from 18 to 45); and prohibited all forms of bounties, substitutions, or purchase of exemptions. Administration was entrusted to local boards composed of leading civilians in each community. These boards issued draft calls in order of numbers drawn in a national lottery and determined exemptions. In 1917, 10 million men were registered. This was deemed to be inadequate, so age ranges were increased and exemptions reduced, and so by the end of 1918 this increased to 24 million men that were registered with nearly 3 million inducted into the military services, with little of the resistance that characterized the Civil War, thanks to a well-received campaign by the government to increase support for the war, and shut down newspapers and magazines that published articles against the war, but there was resistance in some areas (''see''
Green Corn Rebellion The Green Corn Rebellion was an armed uprising that took place in rural Oklahoma on August 2 and 3, 1917. The uprising was a reaction by European-Americans, tenant farmers, Seminoles, Muscogee Creeks, and African-Americans to an attempt to enfor ...
). The draft was universal and included black men on the same terms as whites, although they served in different units. In all 367,710 black Americans were drafted (13% of the total), compared to 2,442,586 White (86.9%). Along with a general opposition to American involvement in a foreign conflict, Southern farmers objected to perceived unfair conscription practices that exempted members of the upper class and industrial workers. Draft boards were localized and based their decisions on
social class A social class or social stratum is a grouping of people into a set of Dominance hierarchy, hierarchical social categories, the most common being the working class and the Bourgeoisie, capitalist class. Membership of a social class can for exam ...
: the poorest were the most often conscripted because they were considered the least likely to be the skilled labor needed for the war effort. Poor men were also less likely to convince local boards that they were primary breadwinners who could be deferred to support dependents. Forms of resistance ranged from peaceful protest to violent demonstrations and from humble letter-writing campaigns asking for mercy to newspapers demanding reform. The most common tactics were dodging and desertion, and some communities in isolationist areas even sheltered and defended their draft dodgers as political heroes. Nearly half a million immigrants were drafted, which forced the military to develop training procedures that took ethnic differences into account. Military leaders invited Progressive reformers and ethnic group leaders to assist in formulating new military policies. The military attempted to socialize and Americanize young immigrant recruits, not by forcing "angloconformity", but by showing remarkable sensitivity and respect for ethnic values and traditions and a concern for the morale of immigrant troops, with the aim of blending them into the larger society. Sports activities, keeping immigrant groups together, newspapers in various languages, the assistance of bilingual officers, and ethnic entertainment programs were all employed.


Opposition

The Conscription Act of 1917 was passed in June. Conscripts were
court-martial A court-martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the arme ...
ed by the Army if they refused to wear uniforms, bear arms, perform basic duties, or submit to military authority. Convicted objectors were often given long sentences of 20 years in
Fort Leavenworth Fort Leavenworth () is a United States Army installation located in Leavenworth County, Kansas, in the city of Leavenworth, Kansas, Leavenworth. Built in 1827, it is the second oldest active United States Army post west of Washington, D.C., an ...
. In 1918, Secretary of War
Newton D. Baker Newton Diehl Baker Jr. (December 3, 1871 – December 25, 1937) was an American lawyer, Georgist,Noble, Ransom E. "Henry George and the Progressive Movement." The American Journal of Economics and Sociology, vol. 8, no. 3, 1949, pp. 259–269. w ...
created the Board of Inquiry to question the conscientious objectors' sincerity.
Military tribunals Military justice (or military law) is the body of laws and procedures governing members of the armed forces. Many nation-states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states us ...
tried men found by the Board to be insincere for a variety of offenses, sentencing 17 to
death Death is the end of life; the irreversible cessation of all biological functions that sustain a living organism. Death eventually and inevitably occurs in all organisms. The remains of a former organism normally begin to decompose sh ...
, 142 to
life imprisonment Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life impr ...
, and 345 to
penal labor Penal labour is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of Sentence (law), sentence involving penal labour hav ...
camps. Many of these sentences were commuted after the war's end. In 1917, a number of radicals and
anarchists Anarchism is a political philosophy and movement that seeks to abolish all institutions that perpetuate authority, coercion, or hierarchy, primarily targeting the state and capitalism. Anarchism advocates for the replacement of the state w ...
, including
Emma Goldman Emma Goldman (June 27, 1869 – May 14, 1940) was a Russian-born Anarchism, anarchist revolutionary, political activist, and writer. She played a pivotal role in the development of anarchist political philosophy in North America and Europ ...
, tried to challenge the new draft law in federal court, arguing that it was a direct violation of the Thirteenth Amendment's prohibition against slavery and involuntary servitude. The Supreme Court unanimously upheld the constitutionality of the draft act in the
Selective Draft Law Cases ''Arver v. United States'', 245 U.S. 366 (1918), also known as the ''Selective Draft Law Cases'', was a United States Supreme Court decision which upheld the Selective Service Act of 1917, and more generally, upheld conscription in the United Sta ...
on January 7, 1918. The decision said the Constitution gave Congress the power to declare war and to raise and support armies. The Court, relying partly on
Emerich de Vattel Emmerich de Vattel ( 25 April 171428 December 1767) was a philosopher, diplomat, and jurist. Vattel's work profoundly influenced the development of international law. He is most famous for his 1758 work '' The Law of Nations''. This work was hi ...
's ''
The Law of Nations ''The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns'' is a legal treatise on international law by Emerich de Vattel, published in 1758. Influence Centuries after his death it ...
'', emphasized the principle of the reciprocal rights and duties of citizens: Conscription was unpopular from left-wing sectors at the start, with many Socialists jailed for "obstructing the recruitment or enlistment service". The most famous was
Eugene Debs Eugene Victor Debs (November 5, 1855 – October 20, 1926) was an American socialist, political activist, trade unionist, one of the founding members of the Industrial Workers of the World (IWW), and five-time candidate of the Socialist Party o ...
, head of the
Socialist Party of America The Socialist Party of America (SPA) was a socialist political party in the United States formed in 1901 by a merger between the three-year-old Social Democratic Party of America and disaffected elements of the Socialist Labor Party of America ...
, who ran for president in 1920 from his
Atlanta Atlanta ( ) is the List of capitals in the United States, capital and List of municipalities in Georgia (U.S. state), most populous city in the U.S. state of Georgia (U.S. state), Georgia. It is the county seat, seat of Fulton County, Georg ...
prison cell. He had his sentence commuted to
time served In typical criminal law, time served is an informal term that describes the duration of pretrial detention (remand), the time period between when a defendant is arrested and when they are convicted. Time served does not include time served ...
and was released by President
Warren G. Harding Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party (United States), Republican Party, he was one of the most ...
on December 25, 1921. Also notably, the
Industrial Workers of the World The Industrial Workers of the World (IWW), whose members are nicknamed "Wobblies", is an international labor union founded in Chicago, United States in 1905. The nickname's origin is uncertain. Its ideology combines general unionism with indu ...
attempted to obstruct the war effort through strikes in war-related industries and not registering, but it did not meet with large success. Although draft riots were not widespread, an estimated 171,000 people never registered for the draft, while another 360,000 people never responded to induction orders.


Conscientious objectors in WWI

Conscientious objector A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of conscience or religion. The term has also been extended to objecting to working for the military–indu ...
(CO) exemptions were allowed for the
Amish The Amish (, also or ; ; ), formally the Old Order Amish, are a group of traditionalist Anabaptism, Anabaptist Christianity, Christian Christian denomination, church fellowships with Swiss people, Swiss and Alsace, Alsatian origins. As they ...
,
Mennonite Mennonites are a group of Anabaptism, Anabaptist Christianity, Christian communities tracing their roots to the epoch of the Radical Reformation. The name ''Mennonites'' is derived from the cleric Menno Simons (1496–1561) of Friesland, part of ...
s,
Quakers Quakers are people who belong to the Religious Society of Friends, a historically Protestantism, Protestant Christian set of Christian denomination, denominations. Members refer to each other as Friends after in the Bible, and originally ...
, and
Church of the Brethren The Church of the Brethren is an Anabaptist Christian denomination in the Schwarzenau Brethren tradition ( "Schwarzenau New Baptists") that was organized in 1708 by Alexander Mack in Schwarzenau, Germany during the Radical Pietist revival. ...
only. All other religious and political objectors were forced to participate. Some 64,700 men claimed conscientious objector status; local draft boards certified 57,000, of whom 30,000 passed the physical and 21,000 were inducted into the U.S. Army. About 80% of the 21,000 decided to abandon their objection and take up arms, but 3,989 drafted objectors refused to serve. Most belonged to historically pacifist denominations, especially Quakers, Mennonites, and
Moravian Brethren The Moravian Church, or the Moravian Brethren ( or ), formally the (Latin: "Unity of the Brethren"), is one of the oldest Protestant denominations in Christianity, dating back to the Bohemian Reformation of the 15th century and the original U ...
, as well as a few
Seventh-day Adventists The Seventh-day Adventist Church (SDA) is an Adventist Protestant Christian denomination which is distinguished by its observance of Saturday, the seventh day of the week in the Christian (Gregorian) and the Hebrew calendar, as the Sabba ...
and
Jehovah's Witness Jehovah's Witnesses is a Christian denomination that is an outgrowth of the Bible Student movement founded by Charles Taze Russell in the nineteenth century. The denomination is nontrinitarian, millenarian, and restorationist. Russell co- ...
es. About 15% were religious objectors from non-pacifist churches.
Ben Salmon Benjamin Joseph Salmon (October 15, 1888 – February 15, 1932) was an American Christian pacifist, Roman Catholic, conscientious objector and outspoken critic of just war theory. Salmon believed no war could be morally justified. Biography ...
was a nationally known political activist who encouraged men not to register and personally refused to comply with the draft procedures. He rejected the Army Review Board proposal that he perform noncombatant farm work. Sentenced to 25 years in prison, he again refused a proposed desk job. He was pardoned and released in November 1920 with a "dishonorable discharge".


Interwar

The draft ended in 1918, but the Army designed the modern draft mechanism in 1926 and built it based on military needs, despite an era of
pacifism Pacifism is the opposition to war or violence. The word ''pacifism'' was coined by the French peace campaigner Émile Arnaud and adopted by other peace activists at the tenth Universal Peace Congress in Glasgow in 1901. A related term is ...
. Working where Congress would not, it gathered a cadre of officers for its nascent Joint Army-Navy Selective Service Committee, most of whom were commissioned based on social standing rather than military experience.Morris, Brett. (2006)
''The Effects of the Draft on US Presidential Approval Ratings during the Vietnam War, 1954–1975''
, Doctoral dissertation, University of Alabama (Tuscaloosa).
This effort did not receive congressionally approved funding until 1934, when Major General Lewis B. Hershey was assigned to the organization. The passage of a conscription act was opposed by some, including
Dorothy Day Dorothy Day, Oblate#Secular oblates, OblSB (November 8, 1897 – November 29, 1980) was an American journalist, social activist and Anarchism, anarchist who, after a bohemianism, bohemian youth, became a Catholic Church, Catholic without aba ...
and
George Barry O'Toole George Barry O'Toole, OSB (1886 – 26 March 1944) was an American Catholic priest and activist. He was a member of the Benedictines and a founding member of the Catholic Radical Alliance. Career He was important for clarifying the right of Ca ...
, who were concerned that such conscription would not provide adequate protection for the rights of conscientious objectors. However, much of Hershey's work was codified into law with the
Selective Training and Service Act of 1940 The Selective Training and Service Act of 1940, also known as the Burke–Wadsworth Act, , was the first peacetime conscription in United States history. This Selective Service Act required that men who had reached their 21st birthday ...
(STSA).Flynn, G. (1985), ''Lewis B. Hershey, Mr. Selective Service''. Chapel Hill, NC: University of North Carolina Press.


World War II

In the summer of 1940, after Nazi Germany conquered France, Americans supported the return of conscription. One national survey found that 67% of respondents believed that a
German German(s) may refer to: * Germany, the country of the Germans and German things **Germania (Roman era) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizenship in Germany, see also Ge ...
-
Italian Italian(s) may refer to: * Anything of, from, or related to the people of Italy over the centuries ** Italians, a Romance ethnic group related to or simply a citizen of the Italian Republic or Italian Kingdom ** Italian language, a Romance languag ...
victory would endanger the United States, and that 71% supported "the immediate adoption of compulsory military training for all young men". Similarly, a November 1942 survey of American high-school students found that 69% favored compulsory postwar military training. The World War I system served as a model for that of World War II. President Roosevelt's signing of the Selective Training and Service Act on September 16, 1940, began the first peacetime draft in the United States. The 1940 law instituted conscription in peacetime, requiring the registration of all men between 21 and 35. It also reestablished the
Selective Service System The Selective Service System (SSS) is an Independent agencies of the United States government, independent agency of the United States government that maintains a database of registered male U.S. Citizenship of the United States, citizens and o ...
as an independent agency responsible for identifying young men and facilitating their military service. Roosevelt named Lewis B. Hershey to head the System on July 31, 1941; he remained in post until 1969. This act came when other preparations, such as increased training and equipment production, had not yet been approved. Nevertheless, it served as the basis for the conscription programs that continue to the present. The act set a cap of 900,000 men to be in training at once, and limited military service to 12 months unless Congress deemed it necessary to extend such service in the interest of national defense. An amendment added 18 more months to this service period on August 18, 1941. After the
Pearl Harbor attack The attack on Pearl HarborAlso known as the Battle of Pearl Harbor was a surprise military strike by the Empire of Japan on the United States Pacific Fleet at its naval base at Pearl Harbor on Oahu, Hawaii, on December 7, 1941. At the ti ...
the STSA was further amended (December 19, 1941), extending the term of service to the duration of the war plus six months and requiring the registration of all men 18 to 64 years of age. During World War II, 49 million men were registered, 36 million classified, and 10 million inducted. 18- and 19-year-olds were made liable for induction on November 13, 1942. By late 1942, the Selective Service System moved away from a national lottery to administrative selection by its more than 6,000 local boards. On December 5, 1942, presidential
Executive Order In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the ...
9279 closed voluntary enlistment for all men from the ages of 18 to 37 for the duration of the war, providing protection for the nation's home front manpower pool. The
Navy A navy, naval force, military maritime fleet, war navy, or maritime force is the military branch, branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral z ...
and
Marine Corps Marines (or naval infantry) are military personnel generally trained to operate on both land and sea, with a particular focus on amphibious warfare. Historically, the main tasks undertaken by marines have included raiding ashore (often in supp ...
began procuring their personnel through the Selective Service System in early 1943. The Navy and Marine Corps enlisted inductees and volunteers under the same service agreements, but with different service obligations, while the Army placed wartime inductees and volunteers into a special service component known as the
Army of the United States The Army of the United States was one of the four major service components of the United States Army. Today, the Army consists of the Regular Army, the Army National Guard of the United States, the Army National Guard while in the service of the ...
, commonly known as the "AUS"; service commitments were set at the length of the war plus six months.
Paul V. McNutt Paul Vories McNutt (July 19, 1891 – March 24, 1955) was an American diplomat and politician who served as the 34th governor of Indiana, high commissioner to the Philippines, administrator of the Federal Security Agency, chairman of the ...
, head of the
War Manpower Commission The War Manpower Commission was a World War II agency of the United States Government charged with planning to balance the labor needs of agriculture, industry and the armed forces. History The Commission was created by President Franklin D. R ...
, estimated that the changes would increase the ratio of men drafted from one out of nine to one out of five. The commission's goal was to have nine million men in the armed forces by the end of 1943. This facilitated the massive requirement of up to 200,000 men per month and would remain the standard for the length of the war. The World War II draft operated from 1940 until 1946 when further inductions were suspended, and its legislative authorization expired without further extension by Congress in 1947. During this time, more than 10 million men had been inducted into military service.Selective Service System. (May 27, 2003).
Induction Statistics. In Inductions (by year) from World War I Through the End of the Draft (1973)
''. Retrieved May 5, 2009.
However, the Selective Service System remained intact.


Opposition

Draft evasion accounted for about 4% of the total inducted. About 373,000 alleged evaders were investigated with just over 16,000 being imprisoned.Chambers, J. (1987). ''To Raise an Army: The Draft Comes to Modern America''. New York: Free Press. Opposition was nonetheless encountered, especially in the northern cities where some African-Americans protested the system. The
Nation of Islam The Nation of Islam (NOI) is a religious organization founded in the United States by Wallace Fard Muhammad in 1930. A centralized and hierarchical organization, the NOI is committed to black nationalism and focuses its attention on the Afr ...
was at the forefront, with many Black Muslims jailed for refusing the draft, and their leader
Elijah Muhammad Elijah Muhammad (born Elijah Robert Poole; October 7, 1897 – February 25, 1975) was an American religious leader, black separatist, and self-proclaimed Messenger of Allah who led the Nation of Islam (NOI) from 1933 until his death in 197 ...
was sentenced to federal prison for 5 years for inciting draft resistance. Organized draft resistance also developed in the Japanese American internment camps, where groups like the Heart Mountain Fair Play Committee refused to serve unless they and their families were released. 300
Nisei is a Japanese language, Japanese-language term used in countries in North America and South America to specify the nikkeijin, ethnically Japanese children born in the new country to Japanese-born immigrants, or . The , or Second generation imm ...
men from eight of the ten
War Relocation Authority The War Relocation Authority (WRA) was a United States government agency established to handle the internment of Japanese Americans during World War II. It also operated the Fort Ontario Emergency Refugee Shelter in Oswego, New York, which was t ...
camps were arrested and stood trial for felony
draft evasion Conscription evasion or draft evasion (American English) is any successful attempt to elude a government-imposed obligation to serve in the military forces of one's nation. Sometimes draft evasion involves refusing to comply with the military dr ...
; most were sentenced to federal prison.
American Communists American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, ...
also opposed the war by forming the "American Peace Committee", which tried to organize a coalition of anti-war groups. This lasted until Germany attacked the Soviet Union in June 1941, whereupon they changed the committee's name to the "American People's Committee" and supported aid to Britain, the draft and other preparations for war.


Conscientious objectors in WWII

Of the more than 72,000 men registering as
conscientious objector A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of conscience or religion. The term has also been extended to objecting to working for the military–indu ...
s (CO), nearly 52,000 received CO status. Of these, over 25,000 entered the military in noncombatant roles, another 12,000 went to the
Civilian Public Service The Civilian Public Service (CPS) was a program of the United States government that provided conscientious objectors with an alternative service, alternative to military service during World War II. From 1941 to 1947, nearly 12,000 draftees, wil ...
program, and nearly 6,000 went to prison.


Early Cold War and Korean War

The second peacetime draft began with passage of the
Selective Service Act of 1948 The Selective Service Act of 1948, also known as the Elston Act, was a United States federal law enacted June 24, 1948, that established the current implementation of the Selective Service System. History The previous iteration of the Selective ...
after the STSA expired. The new law required all men of age 18 to 26 to register. It also created the system for the "Doctor Draft", aimed at inducting health professionals into military service. Unless otherwise exempted or deferred (see Berry Plan), these men could be called for up to 21 months of active duty and five years of reserve duty service. Congress further tweaked this act in 1950 although the post–World War II surplus of military manpower left little need for draft calls until President Truman's declaration of a national emergency in December 1950. Only 20,348 men were inducted in 1948 and only 9,781 in 1949. Between the
Korean War The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was s ...
's outbreak in June 1950 and the armistice agreement in 1953, Selective Service inducted over 1.5 million men. Another 1.3 million volunteered, usually choosing the Navy or Air Force. Congress passed the Universal Military Training and Service Act in 1951 to meet the demands of the war. It lowered the induction age to 18½ and extended active-duty service commitments to 24 months. Despite the early combat failures and later stalemate in Korea, the draft has been credited by some as playing a vital role in turning the tide of war. A February 1953
Gallup Poll Gallup, Inc. is an American multinational analytics and advisory company based in Washington, D.C. Founded by George Gallup in 1935, the company became known for its public opinion polls conducted worldwide. Gallup provides analytics and man ...
showed that 70 percent of Americans surveyed felt that the SSS had handled the draft fairly. Gallup reported that 64 percent of the demographic group including all draft age men (males 21 to 29) believed the draft to be fair. To improve equity in the system, President
Dwight D. Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; October 14, 1890 – March 28, 1969) was the 34th president of the United States, serving from 1953 to 1961. During World War II, he was Supreme Commander of the Allied Expeditionar ...
signed an executive order on July 11, 1953, that ended the paternity deferment for married men. In large part, the change in the draft served the purposes of the burgeoning Cold War. From a program that had just barely passed Congressional muster during the fearful prelude to World War II, a more robust draft continued as fears now focused on the Soviet threat. Nevertheless, some dissenting voices in Congress continued to advocate for voluntary military service. The onset of the Cold War coincided with men born during the
Great Depression The Great Depression was a severe global economic downturn from 1929 to 1939. The period was characterized by high rates of unemployment and poverty, drastic reductions in industrial production and international trade, and widespread bank and ...
beginning to reach military age. Hershey and other supporters of the draft frequently pointed out that the Depression had resulted in a substantial reduction of the
birth rate Birth rate, also known as natality, is the total number of live childbirth, human births per 1,000 population for a given period divided by the length of the period in years. The number of live births is normally taken from a universal registr ...
in order to back up their doubts regarding the return to an all-volunteer military at a time when it was known that the number of men reaching military age was going to fall significantly. The Korean War era marked the first time that any form of student deferment had been used. During the Korean War, a student carrying at least 12 semester hours was spared until the end of his current semester. Though the United States signed the
Korean War Armistice The Korean Armistice Agreement (; zh, t=韓國停戰協定 / 朝鮮停戰協定) is an armistice that brought about a cessation of hostilities of the Korean War. It was signed by United States Army Lieutenant General William Harrison Jr. and ...
on July 27, 1953, technology brought new promises and threats. American air and nuclear power fueled the Eisenhower doctrine of "massive retaliation." This strategy demanded more machines and fewer foot soldiers, so the draft slipped to the back burner. However, SSS director Gen. Hershey urged caution, fearing the conflict looming in Vietnam. In May 1953, he told his state directors to do everything possible to keep the SSS alive in order to meet expected needs. Following the 1953 Korean War Armistice, Congress passed the Reserve Forces Act of 1955 with the aim of improving
National Guard National guard is the name used by a wide variety of current and historical uniformed organizations in different countries. The original National Guard was formed during the French Revolution around a cadre of defectors from the French Guards. ...
and federal
Reserve Component The reserve components of the United States Armed Forces are military organizations whose members generally perform a minimum of 39 days of military duty per year and who augment the active duty (or full-time) military when necessary. The reserv ...
readiness while also constraining its use by the president. Toward this end, it mandated a six-year service commitment, in a combination of reserve and active duty time, for every line military member regardless of their means of entry. Meanwhile, the SSS kept itself alive by devising and managing a complex system of deferments for a swelling pool of candidates during a period of shrinking requirements. The greatest challenge to the draft came not from protesters but from lobbyists seeking additional deferments for their constituent groups such as scientists and farmers. Many government leaders felt that the potential for a draft was a critical element in maintaining a constant flow of volunteers. On numerous occasions, General Hershey told Congress that for every man drafted, three or four more were scared into volunteering. Assuming that his assessment was accurate, this would mean that more than 11 million men volunteered for service because of the draft between January 1954 and April 1975. The policy of using the draft to incentivize voluntary enlistment was unique in American history. Previous drafts had not aimed to encourage individuals to enlist in order to gain preferential placement or less dangerous postings. However, the incremental buildup of the Vietnam War without a clear threat to the country bolstered this focus. Some estimates suggest that almost one-third of all eligible men were conscripted during the period of 1965–69.Flynn, G. (2000). ''The Draft, 1940–1973''. Lawrence, KS: University of Kansas Press. This group represented those without exemption or resources to avoid military service. During the active combat phase, the possibility of avoiding combat by selecting their service and military specialty led as many as four out of 11 eligible men to enlist.Useem, M. (1973). ''Conscription, Protest and Social Conflict: The Life and Death of a Draft Resistance Movement.'' New York: Wiley. The military relied upon draft-induced volunteerism to meet its quotas, especially for the Army, which accounted for nearly 95% of all inductees during the Vietnam War era. For example, defense recruiting reports show that 34% of the recruits in 1964, up to 50% in 1970, indicated that they had joined voluntarily in order to avoid placement uncertainty via the draft. These rates dwindled to 24% in 1972 and 15% in 1973 after the change to a lottery system. Accounting for other factors, it can be argued up to 60% of those who served throughout the Vietnam War era did so directly or indirectly because of the draft. In addition, deferments provided an incentive for men to follow pursuits considered useful to the state. This process, known as channeling, helped push men into educational, occupational, and family choices that they might not otherwise have pursued. Undergraduate degrees were valued. Graduate work had varying value over time, though technical and religious training received nearly constant support. War-industry support in the form of teaching, research, or skilled labor also received deferred or exempt status. Finally, married and family men were exempted because of the positive social consequences. This included using presidential orders to extend exemptions again to fathers and others. Channeling was also seen as a means of preempting the early loss of the country's "best and brightest" who had historically joined and died early in war. In the only extended period of military conscription of U.S. males during a major peacetime period, the draft continued on a more limited basis during the late 1950s and early 1960s. While a far smaller percentage of eligible males were conscripted than in war periods, draftees by law served in the Army for two years.
Elvis Presley Elvis Aaron Presley (January 8, 1935 – August 16, 1977) was an American singer and actor. Referred to as the "King of Rock and Roll", he is regarded as Cultural impact of Elvis Presley, one of the most significant cultural figures of the ...
and
Willie Mays Willie Howard Mays Jr. (May 6, 1931 – June 18, 2024), nicknamed "the Say Hey Kid", was an American professional baseball center fielder who played 23 seasons in Major League Baseball (MLB). Widely regarded as one of the greatest players of ...
were two of the most famous people drafted during this period. Public protests in the United States were few during the Korean War. However, the percentage of CO exemptions for inductees grew to 1.5%, compared to a rate of just .5% in the past two wars. The Justice Department also investigated more than 80,000 draft-evasion cases.


Vietnam War

President Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), also known as JFK, was the 35th president of the United States, serving from 1961 until his assassination in 1963. He was the first Roman Catholic and youngest person elected p ...
's decision to send military troops to Vietnam as
advisors An adviser or advisor is normally a person with more and deeper knowledge in a specific area and usually also includes persons with cross-functional and multidisciplinary expertise. An adviser's role is that of a mentor or guide and differs catego ...
was a signal that Selective Service Director Lewis B. Hershey needed to visit the
Oval Office The Oval Office is the formal working space of the president of the United States. Part of the Executive Office of the President of the United States, it is in the West Wing of the White House, in Washington, D.C. The oval room has three lar ...
. From that visit emerged two wishes of JFK with regard to conscription. The first was that the names of married men with children should occupy the very bottom of the callup list. Just above them should be the names of men who were married. This policy was implemented in practice, but was not encoded into statute by Congress. Men who fit into these categories became known as Kennedy Husbands. Many early rank-and-file anti-conscription protesters had been allied with the
National Committee for a Sane Nuclear Policy Peace Action is a peace organization whose focus is on preventing the deployment of nuclear weapons in space, thwarting weapons sales to countries with human rights violations, and promoting a new United States foreign policy based on common sec ...
. The signing in 1963 of the Limited Nuclear Test Ban Treaty left them free to focus on other issues. Syndicated cartoonist
Al Capp Alfred Gerald Caplin (September 28, 1909 – November 5, 1979), better known as Al Capp, was an American cartoonist and humorist best known for the satirical comic strip ''Li'l Abner'', which he created in 1934 and continued writing and (w ...
portrayed them as S.W.I.N.E. (Students Wildly Indignant About Nearly Everything). Protest activity increased after the 1964
Gulf of Tonkin Resolution The Gulf of Tonkin Resolution or the Southeast Asia Resolution, , was a joint resolution that the United States Congress passed on August 7, 1964, in response to the Gulf of Tonkin incident. It is of historic significance because it gave U.S. ...
. Consequently, there was some opposition to the draft even before the major U.S. involvement in the
Vietnam War The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
began. The large cohort of
Baby Boomers Baby boomers, often shortened to boomers, are the demographic cohort preceded by the Silent Generation and followed by Generation X. The generation is often defined as people born from 1946 to 1964 during the mid-20th century baby boom that ...
who became eligible for military service during the Vietnam War allowed a steep increase in the number of exemptions and deferments, especially for college students. Besides being able to avoid the draft, college graduates who volunteered for military service (primarily as
commissioned officers An officer is a person who holds a position of authority as a member of an armed force or uniformed service. Broadly speaking, "officer" means a commissioned officer, a non-commissioned officer (NCO), or a warrant officer. However, absent c ...
) had a much better chance of securing a preferential posting compared to less-educated inductees. Contrary to popular belief, the large majority of American soldiers who participated in the war, and who were killed in combat, were in fact volunteers and not draftees. As U.S. troop strength in
South Vietnam South Vietnam, officially the Republic of Vietnam (RVN; , VNCH), was a country in Southeast Asia that existed from 1955 to 1975. It first garnered Diplomatic recognition, international recognition in 1949 as the State of Vietnam within the ...
increased, more young men were drafted for service there, and many of those still at home sought means of avoiding the draft. Since only 15,000 National Guard and Reserve soldiers were sent to South Vietnam, enlistment in the Guard or the Reserves became a popular means of avoiding serving in a war zone. For those who could meet the more stringent enlistment standards, service in the Air Force, Navy, or Coast Guard was a means of reducing the chances of being killed. Vocations to the ministry and the rabbinate soared, because divinity students were exempt from the draft. Doctors and
draft board {{further, Conscription in the United StatesDraft boards are a part of the Selective Service System which register and select men of military age in the event of conscription in the United States. Local board The local draft board is a board tha ...
members found themselves being pressured by relatives or family friends to exempt potential draftees. The marriage deferment ended suddenly on August 26, 1965. Around 3:10 pm, President Johnson signed an order allowing the draft of men who married after midnight that day, then around 5 pm, he announced the change for the first time. This caused a last-minute rush to the altar by thousands of American couples. Some conscientious objectors objected to the war based on the theory of
Just War The just war theory () is a doctrine, also referred to as a tradition, of military ethics that aims to ensure that a war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. It has bee ...
. One of these,
Stephen Spiro Stephen Spiro (1939–2007) was a political activist known for his opposition against the Vietnam War and his advocacy of an ideology that opposes abortion, capital punishment, assisted suicide, and euthanasia. Opposing the Vietnam war based on t ...
, was convicted of avoiding the draft, but given a suspended sentence of five years. He was later pardoned by President
Gerald Ford Gerald Rudolph Ford Jr. (born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was the 38th president of the United States, serving from 1974 to 1977. A member of the Republican Party (United States), Republican Party, Ford assumed the p ...
. Between 1964 and 1973, 9,087,000 men and women would serve in the armed forces in some capacity. Of these, 2,594,000 would be deployed to Vietnam. 1,766,910 would be drafted into the military serving throughout the world. Most of those who were drafted went into the Army and less than 42,700 went into the Marine Corps. The Navy and Air Force did not accept draftees. From a pool of approximately 27 million, the draft raised 2,215,000 men for military service (in the United States, South Vietnam, and elsewhere) during the Vietnam War era. The majority of service members deployed to South Vietnam were volunteers, even though hundreds of thousands of men opted to join the Army, Air Force, Navy, and Coast Guard (for three or four year terms of enlistment). If drafted, they would only serve for two years, but would have no choice over their military occupational specialty. Of the nearly 16 million men not engaged in active military service, 96% were exempted (typically because of jobs including other military service), deferred (usually for educational reasons), or disqualified (usually for physical and mental deficiencies but also for criminal records including draft violations). The requirements for obtaining and maintaining an educational deferment changed several times in the late 1960s. For several years, students were required to take an annual qualification test. In 1967 educational deferments were changed for graduate students. Those starting graduate studies in the fall of 1967 were given two semester deferments becoming eligible in June 1968. Those further along in their graduate study who entered prior to the summer of 1967 could continue to receive a deferment until they completed their studies. Peace Corps Volunteers were no longer given deferments and their induction was left to the discretion of their local boards. However most boards allowed Peace Corps Volunteers to complete their two-year assignment before inducting them into the military. On December 1, 1969, a
lottery A lottery (or lotto) is a form of gambling that involves the drawing of numbers at random for a prize. Some governments outlaw lotteries, while others endorse it to the extent of organizing a national or state lottery. It is common to find som ...
was held to establish a draft priority for all those born between 1944 and 1950. Those with a high number no longer had to be concerned about the draft. Nearly 500,000 men were disqualified for criminal records, but fewer than 10,000 of them were convicted of draft violations. Finally, as many as 100,000 eligible men fled the country.


End of conscription

During the 1968 presidential election,
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...
campaigned on a promise to end the draft. He had become interested in the idea of an all-volunteer army during his time out of office, based upon a paper by Martin Anderson of
Columbia University Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
, and in part due to the efforts of ardent anti-draft activist-economist and
Nobel laureate The Nobel Prizes (, ) are awarded annually by the Royal Swedish Academy of Sciences, the Swedish Academy, the Karolinska Institutet, and the Norwegian Nobel Committee to individuals and organizations who make outstanding contributions in th ...
,
Milton Friedman Milton Friedman (; July 31, 1912 – November 16, 2006) was an American economist and statistician who received the 1976 Nobel Memorial Prize in Economic Sciences for his research on consumption analysis, monetary history and theory and ...
. pp. 396–397. Friedman has been quoted in interviews as stating: Nixon also saw ending the draft as an effective way to undermine the
anti-Vietnam War movement Opposition to United States involvement in the Vietnam War began in 1965 with demonstrations against the escalating role of the United States in the war. Over the next several years, these demonstrations grew into a social movement which was ...
since he believed affluent youths would stop protesting the war once their own probability of having to fight in it was gone. There was opposition to the all-volunteer notion from both Congress and the Department of Defense, so Nixon did not take immediate action toward ending the draft early in his presidency. Instead, the Gates Commission was formed, headed by Thomas S. Gates, Jr., a former Secretary of Defense in the
Eisenhower Administration Dwight D. Eisenhower's tenure as the 34th president of the United States began with his first inauguration on January 20, 1953, and ended on January 20, 1961. Eisenhower, a Republican from Kansas, took office following his landslide victor ...
. Gates initially opposed the all-volunteer army idea but changed his mind during the course of the 15-member commission's work. The Gates Commission issued its report in February 1970, describing how adequate military strength could be maintained without having conscription. pp. 40–41. The existing draft law was expiring at the end of June 1971, but the Department of Defense and Nixon administration decided the draft needed to continue for at least some time. In February 1971, the administration requested Congress to extend the draft for two years, to June 1973. Senatorial opponents of the war wanted to reduce this to a one-year extension, eliminate the draft altogether, or tie the draft renewal to a timetable for troop withdrawal from Vietnam; Senator
Mike Gravel Maurice Robert "Mike" Gravel ( ; May 13, 1930 – June 26, 2021) was an American politician and writer who represented Alaska in the United States Senate from 1969 to 1981 as a member of the Democratic Party. He ran for president twice: in 200 ...
of
Alaska Alaska ( ) is a non-contiguous U.S. state on the northwest extremity of North America. Part of the Western United States region, it is one of the two non-contiguous U.S. states, alongside Hawaii. Alaska is also considered to be the north ...
took the most forceful approach, trying to
filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision. It is sometimes referred to as "talking a bill to death" or "talking ...
the draft renewal legislation, shut conscription down, and directly force an end to the war. Senators supporting Nixon's war efforts supported the bill even though some had qualms about ending the draft. After a prolonged battle in the Senate, a September 1971
cloture Cloture (, ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. is ...
was achieved over the filibuster, and the draft renewal bill was approved. Meanwhile, military pay was increased as an incentive to attract volunteers, and television advertising for the U.S. Army began. With the end of active U.S. ground participation in Vietnam, December 1972 saw the last men conscripted, who were born in 1952 and earlier. On February 2, 1972, a drawing was held to determine draft priority numbers for men born in 1953, but in January 1973, Secretary of Defense
Melvin Laird Melvin Robert Laird Jr. (September 1, 1922 – November 16, 2016) was an American politician, writer and statesman. He was a U.S. congressman from Wisconsin from 1953 to 1969 before serving as Secretary of Defense from 1969 to 1973 under Pres ...
announced that no further draft orders would be issued. In March 1973, 1974, and 1975, the Selective Service assigned draft priority numbers for all men born in 1954, 1955, and 1956 in case the draft was extended, but it never was. Command Sergeant Major Jeff Mellinger, believed to be the last drafted enlisted ranked soldier still on active duty, retired in 2011.
Chief Warrant Officer 5 In the United States Armed Forces The United States Armed Forces are the Military, military forces of the United States. U.S. United States Code, federal law names six armed forces: the United States Army, Army, United States Marine Corps ...
Ralph E. Rigby, the last Vietnam War-era drafted soldier of Warrant Officer rank, retired from the army on November 10, 2014, after a 42-year career. December 28, 1972, had been scheduled to be the last day that draftees would be inducted that year. However, President Nixon declared that day a national day of mourning due to the death of former President Truman, and Federal offices were closed. Men scheduled to report that day were never inducted since the draft was not resumed in 1973.


Post-1980 draft registration

On July 2, 1980, President
Jimmy Carter James Earl Carter Jr. (October 1, 1924December 29, 2024) was an American politician and humanitarian who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party ...
issued Presidential Proclamation 4771 and reinstated the requirement that young men register with the
Selective Service System The Selective Service System (SSS) is an Independent agencies of the United States government, independent agency of the United States government that maintains a database of registered male U.S. Citizenship of the United States, citizens and o ...
. At that time, it was required that all males, born on or after January 1, 1960, register with the Selective Service System. Those who were now in this category were male U.S. citizens and male immigrant non-citizens between the ages of 18 and 25; they were required to register within 30 days of their 18th birthday even if they were not actually eligible to join the military. The Selective Service System, still essentially what it was in 1980, describes its mission as "to serve the emergency manpower needs of the Military by conscripting untrained manpower, or personnel with professional healthcare skills, if directed by Congress and the President in a national crisis." Registration is possible online or by mail. Registration forms are available at U.S. Post Offices. The Selective Service registration form states that failure to register is a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
punishable by up to five years imprisonment or a $250,000 fine. In practice, though, no one has been prosecuted for failure to comply with draft registration since 1986, in part because prosecutions of draft resisters in the 1980s proved counter-productive for the government, and in part because of the difficulty of proving that noncompliance with the law was "knowing and willful". In interviews published in '' U.S. News & World Report'' in May 2016, current and former Selective Service System officials said that in 1988, the Department of Justice and Selective Service agreed to suspend any further prosecutions of nonregistrants. Many men do not register at all, register late, or change addresses without notifying the Selective Service System. Even in the absence of prosecution, however, failure to register may lead to other consequences. Registration is a requirement for employment by the federal government and some state governments, as well as for receiving various state benefits such as driver's licenses. Some collateral sanctions formerly in effect have been repealed: "From 1982 to 2021, males were required to register with Selective Service System to receive Title IV Federal student aid.... This requirement was eliminated by the FY 2021 Consolidated Appropriations Act.... iling to register with Selective Service System no longer impacts students' eligibility for Title IV student aid. Effective July 1, 2022, applicants will no longer be able to register with Selective Service System via the FAFSA."


Healthcare personnel

In 1951, the
Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the National public health institutes, national public health agency of the United States. It is a Federal agencies of the United States, United States federal agency under the United S ...
created the
Epidemic Intelligence Service The Epidemic Intelligence Service (EIS) is a program of the United States' Centers for Disease Control and Prevention (CDC). The modern EIS is a two-year, hands-on post-doctoral training program in epidemiology, with a focus on field work. Hist ...
(EIS), a two-year program to train doctors, veterinarians, statisticians, and other health workers in epidemiology. Eligible health workers drafted into general military service during the Korean and Vietnam Wars could instead enlist in the EIS to guard against potential
biological warfare Biological warfare, also known as germ warfare, is the use of biological toxins or Pathogen, infectious agents such as bacteria, viruses, insects, and Fungus, fungi with the intent to kill, harm or incapacitate humans, animals or plants as an ...
. On December 1, 1989, Congress ordered the Selective Service System to put in place a system capable of drafting "persons qualified for practice or employment in a health care and professional occupation", if such a special-skills draft should be ordered by Congress. In response, Selective Service published plans for the "Health Care Personnel Delivery System" (HCPDS) in 1989 and has had them ready ever since. The concept underwent a preliminary field exercise in Fiscal Year 1998, followed by a more extensive nationwide readiness exercise in Fiscal Year 1999. The HCPDS plans include women and men ages 20–54 in 57 different job categories. As of May 2003, the Defense Department has said the most likely form of draft is a special skills draft, probably of health care workers.


Legality

In 1918, the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
ruled that the World War I draft did not violate the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
in the ''
Selective Draft Law Cases ''Arver v. United States'', 245 U.S. 366 (1918), also known as the ''Selective Draft Law Cases'', was a United States Supreme Court decision which upheld the Selective Service Act of 1917, and more generally, upheld conscription in the United Sta ...
''. The Court summarized the history of conscription in
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
and in colonial America, a history that it read as establishing that the
Framers The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. While the convention was initially intended to revise the league of states and devise the first system of Federal government of the United States, fede ...
envisioned compulsory military service as a governmental power. It held that the Constitution's grant to Congress of the powers to declare war and to raise and support armies included the power to mandate conscription. It rejected arguments based on states' rights, the 13th Amendment, and other provisions of the Constitution. Later, during the Vietnam War, a lower
appellate court An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appel ...
also concluded that the draft was constitutional. '' United States v. Holmes'', 387 F.2d 781 (7th Cir.), ''cert. denied'', 391 U.S. 936 (1968). Justice
William O. Douglas William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1939 to 1975. Douglas was known for his strong progressive and civil libertari ...
, in voting to hear the appeal in ''Holmes'', agreed that the government had the authority to employ conscription in wartime, but argued that the constitutionality of a draft in the absence of a declaration of war was an open question, which the Supreme Court should address. During the World War I era, the Supreme Court allowed the government great latitude in suppressing criticism of the draft. Examples include ''
Schenck v. United States ''Schenck v. United States'', 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Hol ...
'', 249 U.S. 47 (1919) and ''Gilbert v. Minnesota'', 254 U.S. 325 (1920). In subsequent decades, however, the Court has taken a much broader view of the extent to which advocacy speech is protected by the
First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...
. Thus, in 1971 the Court held it unconstitutional for a state to punish a man who entered a county courthouse wearing a jacket with the words "Fuck the Draft" visible on it. '' Cohen v. California'', 403 U.S. 15 (1971). Nevertheless, protesting the draft by the specific means of burning a draft registration card can be constitutionally prohibited, because of the government's interest in prohibiting the "nonspeech" element involved in destroying the card. ''
United States v. O'Brien ''United States v. O'Brien'', 391 U.S. 367 (1968), was a List of landmark court decisions in the United States, landmark decision of the United States Supreme Court, ruling that a criminal prohibition against Draft-card burning, burning a draft c ...
'', 391 U.S. 367 (1968). Since the reinstatement of draft registration in 1980, the Supreme Court has heard and decided four cases related to the Military Selective Service Act: ''Rostker v. Goldberg'', 453 U.S. 57 (1981), upholding the Constitutionality of requiring men but not women to register for the draft; ''Selective Service v. Minnesota Public Interest Research Group (MPIRG)'', 468 U.S. 841 (1984), upholding the Constitutionality of the first of the federal "
Solomon Amendment The term Solomon Amendment has been applied to several provisions of U.S. law originally sponsored by U.S. Representative Gerald B. H. Solomon (R-NY). The 1982 Solomon Amendment was an amendment to a federal education bill that made compliance ...
" laws, which requires applicants for Federal student aid to certify that they have complied with draft registration, either by having registered or by not being required to register; ''Wayte v. United States'', 470 U.S. 598 (1985), upholding the policies and procedures which the Supreme Court thought the government had used to select the "most vocal" nonregistrants for prosecution, after the government refused to comply with discovery orders by the trial court to produce documents and witnesses related to the selection of nonregistrants for prosecution; and ''Elgin v. Department of the Treasury'', 567 U.S. 1 (2012), regarding procedures for judicial review of denial of Federal employment for nonregistrants. In 1981, several men filed lawsuit in the case ''
Rostker v. Goldberg ''Rostker v. Goldberg'', 453 U.S. 57 (1981), is a decision of the Supreme Court of the United States holding that the practice of requiring only men to register for the draft was constitutional. After extensive hearings, floor debate and committe ...
'', alleging that the Military Selective Service Act violates the
Due Process Clause A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due proces ...
of the Fifth Amendment by requiring that men only and not also women register with the Selective Service System. The Supreme Court upheld the act, stating that Congress's "decision to exempt women was not the accidental byproduct of a traditional way of thinking about women", that "since women are excluded from combat service by statute or military policy, men and women are simply not similarly situated for purposes of a draft or registration for a draft, and Congress' decision to authorize the registration of only men therefore does not violate the Due Process Clause", and that "the argument for registering women was based on considerations of equity, but Congress was entitled, in the exercise of its constitutional powers, to focus on the question of military need, rather than 'equity. The ''Rostker v. Goldberg'' opinion's dependence upon deference on decision of the executive to exclude women from combat has garnered renewed scrutiny since the Department of Defense announced its decision in January 2013 to do away with most of the federal policies that have kept women from serving in combat roles in ground war situations. Both the U.S. Navy and the U.S. Air Force had by then already opened up virtually all positions in sea and air combat to women. Lawsuits were filed challenging the continued constitutionality of requiring men but not women to register with the Selective Service system: '' National Coalition for Men v. Selective Service System'' (filed April 4, 2013,
U.S. District Court for the Central District of California The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a federal trial court that serves over 19 million people in Southern and Central California, m ...
; dismissed by the District Court July 29, 2013 as not "ripe" for decision; appeal argued December 8, 2015 before the 9th Circuit Court of Appeals; reversed and remanded February 19, 2016), and Kyle v. Selective Service System (filed July 3, 2015, U.S. District Court for the District of New Jersey), brought on behalf of 17-year-old Elizabeth Kyle-LaBell by her mother, Allison. Elizabeth tried to register, but as a female, was not eligible.


''National Coalition for Men v. Selective Service System''

In February 2019, the
United States District Court for the Southern District of Texas The United States District Court for the Southern District of Texas (in case citations, S.D. Tex.) is the federal district court with jurisdiction over the southeastern part of Texas. The court's headquarters is in Houston, Houston, Texas, and ...
ruled that male-only conscription registration breached the Fourteenth Amendment's equal protection clause, overturning the previous ruling on the grounds that the policies of the armed forces regarding women had changed significantly, such that they can now be used interchangeably with men. In a case brought by non-profit men's rights organisation the
National Coalition for Men The National Coalition for Men (NCFM), formerly the National Coalition of Free Men, is a non-profit educational and civil rights organization which aims to address the ways sex discrimination affects men and boys. The organization has sponsored c ...
against the U.S. Selective Service System, judge Gray H. Miller issued a declaratory judgement that the male-only registration requirement is unconstitutional, though did not specify what action the government should take. That decision was reversed by the 5th Circuit Court of Appeals. A petition for review was then filed with the U.S. Supreme Court. In June 2021, the U.S. Supreme Court declined to review the decision by the Court of Appeals due to the fact that Congress was actively investigating removing the male-only requirement.


Conscientious objection

According to the Selective Service System, The Supreme Court has ruled in cases ''
United States v. Seeger ''United States v. Seeger'', 380 U.S. 163 (1965), was a case in which the United States Supreme Court ruled that the exemption from the military draft for conscientious objectors could be reserved not only for those professing conformity with th ...
'' (1965) and ''Welsh v. United States'' (1970) that conscientious objection can be by non-religious beliefs as well as religious beliefs; but it has also ruled in ''
Gillette v. United States ''Gillette v. United States'', 401 U.S. 437 (1971), is a decision from the Supreme Court of the United States, adding constraints on the terms of conscientious objection resulting from draftees in the Selective Service. Background and Consolid ...
'' (1971) against objections to specific wars as grounds for conscientious objection. There is currently no mechanism to indicate that one is a conscientious objector in the Selective Service system. According to the SSS, after a person is drafted, he can claim
conscientious objector A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of conscience or religion. The term has also been extended to objecting to working for the military–indu ...
status and then justify it before the Local Board. This is criticized because during the times of a draft, when the country is in emergency conditions, there could be increased pressure for Local Boards to be more harsh on conscientious objector claims. There are two types of status for conscientious objectors. If a person objects only to combat but not to service in the military, then the person could be given noncombatant service in the military without training of
weapons A weapon, arm, or armament is any implement or device that is used to deter, threaten, inflict physical damage, harm, or kill. Weapons are used to increase the efficacy and efficiency of activities such as hunting, crime (e.g., murder), law ...
. If the person objects to all military service, then the person could be ordered to "
alternative service Alternative civilian service, also called alternative services, civilian service, non-military service, and substitute service, is a form of national service performed in lieu of military conscription for various reasons, such as conscientious ...
" with a job "deemed to make a meaningful contribution to the maintenance of the national health, safety, and interest".


Selective Service reforms

The Selective Service System has maintained that they have implemented several reforms that would make the draft more fair and equitable. Some of the measures they have implemented include: * Before and during the Vietnam War, a young man could get a deferment by showing that he was a full-time student making satisfactory progress toward a degree; now deferment only lasts to the end of the semester. If the man is a senior he can defer until the end of the academic year. * The government has said that draft boards are now more representative of the local communities in areas such as race and national origin. * A lottery system would be used to determine the order of people being called up. Previously the oldest men who were found eligible for the draft would be taken first. In the new system, the men called first would be those who are or will turn 20 years old in the calendar year or those whose deferments will end in the calendar year. Following this, men above 20 years will be called in sequence up until their liability ends; eligible men below the 20-year cutoff (i.e. 18 and 19-year-olds) will then be called afterwards, being lowest priority.


Conscription controversies and proposals since 2003

The effort to enforce Selective Service registration law was abandoned in 1986. Since then, no attempt to reinstate conscription has been able to attract much support in the legislature or among the public. Since early 2003, when the
Iraq War The Iraq War (), also referred to as the Second Gulf War, was a prolonged conflict in Iraq lasting from 2003 to 2011. It began with 2003 invasion of Iraq, the invasion by a Multi-National Force – Iraq, United States-led coalition, which ...
appeared imminent, there had been attempts through
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
and campaign
rhetoric Rhetoric is the art of persuasion. It is one of the three ancient arts of discourse ( trivium) along with grammar and logic/ dialectic. As an academic discipline within the humanities, rhetoric aims to study the techniques that speakers or w ...
to begin a new public conversation on the topic. Public opinion since 1981 has been largely negative. In 2003, several Democratic congressmen (
Charles Rangel Charles Bernard Rangel ( ; June 11, 1930 – May 26, 2025) was an American politician who served as United States House of Representatives, U.S. representative for districts in New York City for 46 years. A member of the Democratic Party (Unite ...
of New York,
Jim McDermott James Adelbert McDermott (born December 28, 1936) is an American politician and psychiatrist who was the U.S. representative for from 1989 to 2017. He is a member of the Democratic Party. The 7th district includes most of Seattle, Vashon Is ...
of
Washington Washington most commonly refers to: * George Washington (1732–1799), the first president of the United States * Washington (state), a state in the Pacific Northwest of the United States * Washington, D.C., the capital of the United States ** A ...
,
John Conyers John James Conyers Jr. (May 16, 1929October 27, 2019) was an American politician of the Democratic Party who served as a U.S. representative from Michigan from 1965 to 2017. Conyers was the sixth-longest serving member of Congress and the lo ...
of
Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
,
John Lewis John Robert Lewis (February 21, 1940 – July 17, 2020) was an American civil rights activist and politician who served in the United States House of Representatives for from 1987 until his death in 2020. He participated in the 1960 Nashville ...
of
Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...
,
Pete Stark Fortney Hillman "Pete" Stark Jr. (November 11, 1931 – January 24, 2020) was an American businessman and politician who was a member of the United States House of Representatives from 1973 to 2013. A Democrat from California, Stark's district ...
of
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
,
Neil Abercrombie Neil Abercrombie (born June 26, 1938) is an American politician who served as the seventh governor of Hawaii from 2010 to 2014. He is a member of the Democratic Party (United States), Democratic Party. Born in Buffalo, New York, Abercrombie is a ...
of
Hawaii Hawaii ( ; ) is an island U.S. state, state of the United States, in the Pacific Ocean about southwest of the U.S. mainland. One of the two Non-contiguous United States, non-contiguous U.S. states (along with Alaska), it is the only sta ...
) introduced
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
that would draft both men and women into either military or civilian government service, should there be a draft in the future. The bill was defeated on October 5, 2004, with two members voting for it and 402 members voting against. Of those who introduced the bill, only Stark voted in support. This statement was in reference to the U.S. Department of Defense use of "stop-loss" orders, which have extended the Active Duty periods of some military personnel. All enlistees, upon entering the service, volunteer for a minimum eight-year Military Service Obligation (MSO). This MSO is split between a minimum active duty period, followed by a reserve period where enlistees may be called back to active duty for the remainder of the eight years. Some of these active duty extensions have been for as long as two years. The Pentagon stated that as of August 24, 2004, 20,000 Soldiers, Sailors, Airmen, and Marines had been affected. As of January 31, 2006 it has been reported that more than 50,000 soldiers and reservists had been affected. Despite arguments by defense leaders that they had no interest in re-instituting the draft, Representative
Neil Abercrombie Neil Abercrombie (born June 26, 1938) is an American politician who served as the seventh governor of Hawaii from 2010 to 2014. He is a member of the Democratic Party (United States), Democratic Party. Born in Buffalo, New York, Abercrombie is a ...
's (D-HI) inclusion of a DOD memo in the ''
Congressional Record The ''Congressional Record'' is the official record of the proceedings and debates of the United States Congress, published by the United States Government Publishing Office and issued when Congress is in session. The Congressional Record Ind ...
'' which detailed a meeting by senior leaders signaled renewed interest. Though the conclusion of the meeting memo did not call for a reinstatement of the draft, it did suggest Selective Service Act modifications to include registration by women and self-reporting of critical skills that could serve to meet military, homeland-defense, and humanitarian needs. This hinted at more targeted draft options being considered, perhaps like that of the "Doctor Draft" that began in the 1950s to provide nearly 66% of the medical professionals who served in the Army in Korea. Once created, this manpower tool continued to be used through 1972. The meeting memo gave DOD's primary reason for opposing a draft as a matter of cost effectiveness and efficiency. Draftees with less than two years' retention were said to be a net drain on military resources providing insufficient benefit to offset overhead costs of using them. Mentions of the draft during the presidential campaign led to a resurgence of anti-draft and draft resistance organizing. One poll of young voters in October 2004 found that 29% would resist if drafted. In November 2006, Representative
Charles B. Rangel Charles Bernard Rangel ( ; June 11, 1930 – May 26, 2025) was an American politician who served as U.S. representative for districts in New York City for 46 years. A member of the Democratic Party, he was the second-longest serving incumbent ...
(D-NY) again called for the draft to be reinstated;
Speaker of the House The speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England. Usage The title was first recorded in 1377 to describe the role of Thomas de Hung ...
Nancy Pelosi Nancy Patricia Pelosi ( ; ; born March 26, 1940) is an American politician who was the List of Speakers of the United States House of Representatives, 52nd speaker of the United States House of Representatives, serving from 2007 to 2011 an ...
rejected the proposal. On December 19, 2006, President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
announced that he was considering sending more troops to Iraq. The next day, the Selective Service System's director for operations and chief information officer, Scott Campbell, announced plans for a "readiness exercise" to test the system's operations in 2006, for the first time since 1998. On December 21, 2006,
Veterans Affairs Veterans' affairs is an area of public policy concerned with relations between a government and its communities of military veterans. Some jurisdictions have a designated government agency or department, a Department of Veterans' Affairs, Minist ...
Secretary Jim Nicholson, when asked by a reporter whether the draft should be reinstated to make the military more equal, said, "I think that our society would benefit from that, yes sir." Nicholson proceeded to relate his experience as a company commander in an infantry unit which brought together soldiers of different socioeconomic backgrounds and education levels, noting that the draft "does bring people from all quarters of our society together in the common purpose of serving". Nicholson later issued a statement saying he does not support reinstating the draft. On August 10, 2007, with
National Public Radio National Public Radio (NPR) is an American public broadcasting organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It serves as a national Radio syndication, syndicator to a network of more ...
on "All Things Considered",
Lieutenant General Lieutenant general (Lt Gen, LTG and similar) is a military rank used in many countries. The rank traces its origins to the Middle Ages, where the title of lieutenant general was held by the second-in-command on the battlefield, who was norma ...
Douglas Lute Lt. Gen. Douglas Edward Lute (born November 3, 1952) is a retired United States Army lieutenant general and public servant who served as the United States permanent representative to NATO from 2013 to 2017. He was nominated for the post by Preside ...
,
National Security National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of ...
Adviser to the President and Congress for all matters pertaining to the
United States Military The United States Armed Forces are the Military, military forces of the United States. U.S. United States Code, federal law names six armed forces: the United States Army, Army, United States Marine Corps, Marine Corps, United States Navy, Na ...
efforts in
Iraq Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
and
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...
, expressed support for a draft to alleviate the stress on the Army's all-volunteer force. He cited the fact that repeated deployments place much strain upon one soldier's family and himself which, in turn, can affect retention. A similar bill to Rangel's 2003 one was introduced in 2007, called the Universal National Service Act of 2007 (H.R. 393), but it has not received a hearing or been scheduled for consideration. At the end of June 2014 in Pennsylvania, 14,250 letters were erroneously posted to men born in the 19th century calling upon them to register with the Selective Service. This was attributed to a clerk at the Pennsylvania Department of Transportation who failed to select a century during a transfer of 400,000 records to the Selective Service; as a result, the system did not differentiate between men born in 1993 (who would need to register) and those born in 1893 (who would almost certainly be dead). This was compared to the "
Year 2000 problem The term year 2000 problem, or simply Y2K, refers to potential computer errors related to the Time formatting and storage bugs, formatting and storage of calendar data for dates in and after the year 2000. Many Computer program, programs repr ...
" ("Y2K bug"), in which computer programs that represented years using two digits instead of four digits were expected to have problems beginning in the year 2000. The Selective Service identified 27,218 records of men born in the 19th century made errantly applicable by the change of century and began sending out notices to them on June 30. On June 14, 2016, the Senate voted to require women to register for the draft, though language requiring this was dropped from later versions of the bill. In 2020, the
bipartisan Bipartisanship, sometimes referred to as nonpartisanship, is a political situation, usually in the context of a two-party system (especially those of the United States and some other western countries), in which opposing Political party, politica ...
National Commission on Military, National, and Public Service issued a final report recommending that the military improve enlistment rates through improved outreach and recruiting rather than a renewed draft. However, it also recommended that the U.S. Department of Defense perform regular national mobilization drills to rehearse a recommencement of the draft. In 2020 and 2021, bills were introduced in Congress either to repeal the Military Selective Service Act or, alternatively, to replace all references to "male" in that act with non-gendered language. Either of these proposals, if enacted, would remove any gender and sex conditionality related to the draft. Neither proposal was enacted. In 2024, an amendment to the National Defense Authorization Act for Fiscal Year 2025 was proposed that males "between the ages of eighteen and twenty-six, shall be automatically registered" with Selective Service. If enacted, the amendment would enable automatic draft registration using data from other federal databases. Other proposed amendments to the 2025 NDAA included exempting any potential conscripted females from combat assignments during a future draft, removing the registration requirement for federal employees, and requiring Senate confirmation of the Selective Service System Director. None of these proposed amendments were included in the final 2025 NDAA version, aside from an amendment allowing for federal employment of veterans that did not register with Selective Service that provide proof of military service and an amendment "to update the types of information that the Department of Defense may obtain from the Selective Service System" to include "full names, email addresses, dates of birth, phone numbers, and mailing addresses furnished."


Non-citizens

The Selective Service (and the draft) in the United States is not limited to citizens.
Howard Stringer Sir Howard Stringer (born 19 February 1942) is a Welsh-American businessman. He had a 30-year career at CBS, culminating in him serving as the president of CBS News from 1986 to 1988, then president of CBS from 1988 to 1995. He served as chairm ...
, for example, was drafted six weeks after arriving from his native Britain in 1965. Today, non-citizen males of appropriate age in the United States, who are
permanent residents Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such l ...
(holders of green cards), seasonal agricultural workers not holding an H-2A Visa,
refugee A refugee, according to the United Nations High Commissioner for Refugees (UNHCR), is a person "forced to flee their own country and seek safety in another country. They are unable to return to their own country because of feared persecution as ...
s, parolees, asylees, and
illegal immigrants Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to do so. Illegal immigration tends to be financially upward, wi ...
, are required to register with the Selective Service System. Refusal to do so is grounds for denial of a future citizenship application. In addition, immigrants who seek to
naturalize Naturalization (or naturalisation) is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the ...
as citizens must, as part of the Oath of Citizenship, recite the following: The
United States Citizenship and Immigration Services United States Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and Immigration to the United States, immigration system. History ...
(USCIS) also allows the recital of a "Modified Oath for Religious or Conscientious Objections" with either or both of the clauses "that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the armed forces of the United States when required by law" deleted.


Statistics


Selective Service System

Numbers reflect the year draftees entered military service.


See also

*
Social history of soldiers and veterans in the United States The social history of soldiers and veterans in United States history covers the role of Army soldiers and veterans in the United States from colonial foundations to the present, with emphasis on the social, cultural, economic and political roles ap ...
*
Conscription crisis A conscription crisis is a public dispute about a policy of conscription, or mandatory service in the military, known in US English as a "draft". A dispute can become a crisis when submission to military service becomes highly controversial and po ...
* Demobilization of United States armed forces after World War II *
Milton Friedman Milton Friedman (; July 31, 1912 – November 16, 2006) was an American economist and statistician who received the 1976 Nobel Memorial Prize in Economic Sciences for his research on consumption analysis, monetary history and theory and ...
*
National service National service is a system of compulsory or voluntary government service, usually military service. Conscription is mandatory national service. The term ''national service'' comes from the United Kingdom's National Service (Armed Forces) Act ...
*
Peace churches Peace churches are Christian churches, groups or communities advocating Christian pacifism or Biblical nonresistance. The term historic peace churches refers specifically only to three church groups among pacifist churches: * Church of the Breth ...
*
Selective Service System The Selective Service System (SSS) is an Independent agencies of the United States government, independent agency of the United States government that maintains a database of registered male U.S. Citizenship of the United States, citizens and o ...


Footnotes


References and further reading

* .
Full text
. * Leach, Jack F. ''Conscription in the United States: Historical Background.'' (Rutland, Vt., 1952)


American Revolution

* Dougherty, Keith L. ''Collective Action under the Articles of Confederation. '' Cambridge U. Press, 2001. 211 pp.


Civil War

* * Bernstein, Iver. ''The New York City Draft Riots: Their Significance for American Society and Politics in the Age of the Civil War '' (1990)
online edition
* Cruz, Barbara C. and Jennifer Marques Patterson. "'In the Midst of Strange and Terrible Times': The New York City Draft Riots of 1863." ''Social Education.'' v. 69#1 2005. pp. 10+, with teacher's guide and URL's
online version
* Geary, James W. ''We Need Men: The Union Draft in the Civil War'' (1991) pp. 264 * Geary, James W. "Civil War Conscription in the North: A Historiographical Review," ''Civil War History'' 32 (1986): 208–228

* Hilderman, Walter C., III. ''They Went into the Fight Cheering! Confederate Conscription in North Carolina. '' Boone, N.C.: Parkway, 2005. pp. 272 * Hyman, Harold M. ''A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution.'' (1973), ch 13
online edition
* * * : On Black role * Moore, Albert Burton. ''Conscription and Conflict in the Confederacy'' 192
online edition
* Murdoch, Eugene C. ''One Million Men: The Civil War Draft in the North'' (1971). * Perri, Timothy J. "The Economics of US Civil War Conscription." ''American Law and Economics Review'' 10#2 (2008), pp. 424–53
online
* * Wheeler, Kenneth H. "Local Autonomy and Civil War Draft Resistance: Holmes County, Ohio." ''Civil War History.'' v.45#2 1999. pp. 147
online edition


World War I

* Chambers II, John Whiteclay. ''To Raise an Army: The Draft Comes to Modern America'' (1987), comprehensive look at the national level. * * Ford, Nancy Gentile. "'Mindful of the Traditions of His Race': Dual Identity and Foreign-born Soldiers in the First World War American Army." ''Journal of American Ethnic History'' 1997 16(2): 35–57. Fulltext: in Ebsco * Hickle, K. Walter. "'Justice and the Highest Kind of Equality Require Discrimination': Citizenship, Dependency, and Conscription in the South, 1917–1919." ''Journal of Southern History.'' v. 66#4 2000. pp. 749
online version
* Keith, Jeanette. "The Politics of Southern Draft Resistance, 1917–1918: Class, Race, and Conscription in the Rural South." ''Journal of American History'' 2000 87(4): 1335–1361. Fulltext: in Jstor and Ebsco * Keith, Jeanette. ''Rich Man's War, Poor Man's Fight: Race, Class, and Power in the Rural South during the First World War.'' 2004. 260pp. * Kennedy, David M. ''Over Here: The First World War and American Society'' (1980), ch
online edition
* Shenk, Gerald E. "Race, Manhood, and Manpower: Mobilizing Rural Georgia for World War I," ''Georgia Historical Quarterly'', 81 (Fall 1997), 622–662 * Woodward, C. Vann. ''Tom Watson, Agrarian Rebel'' (1938), pp. 451–463. * Sieger, Susan. "She Didn't Raise Her Boy to Be a Slacker: Motherhood, Conscription, and the Culture of the First World War." ''Feminist Studies.'' v. 22#1 1996. pp. 7
online edition
*


World War II

* Flynn, George Q. ''The Draft, 1940–1973.'' Lawrence: University Press of Kansas, 1993; the standard history * Garry, Clifford J. and Samuel R. Spencer Jr. ''The First Peacetime Draft.'' 1986. * Goossen, Rachel Waltner; ''Women against the Good War: Conscientious Objection and Gender on the American Home Front, 1941–1947'' 199
online edition
* Westbrook, Robert. "'I Want a Girl Just Like the Girl That Married Harry James': American Women and the Problem of Political Obligation in WWII," ''American Quarterly'' 42 (December 1990): 587–614; online in JSTOR


Cold War and Vietnam

* * Flynn, George Q. ''The Draft, 1940–1973.'' Lawrence: University Press of Kansas, 1993; the standard history * Marc Leepson, "What It Was Like to Be Drafted,


Recent

* Halstead, Fred. ''GIs Speak out against the War: The Case of the Ft. Jackson 8''. 128 pages. New York: Pathfinder Press. 1970. * Warner, John T. and Beth J. Asch. "The Record and Prospects of the All-volunteer Military in the United States." ''Journal of Economic Perspectives'' 2001 15(2): 169–192. Fulltext: in Jstor and Ebsco * Wooten; Evan M
"Banging on the Backdoor Draft: The Constitutional Validity of Stop-Loss in the Military"
''William and Mary Law Review'', Vol. 47, 2005 * Chambers II, John Whiteclay, ed. ''Draftees or Volunteers: A Documentary History of the Debate over Military Conscription in the United States, 1787–1973'', (1975) (1976) (2011)


External links

* "What It Was Like to be Drafted,


Selective Service System official website

''Rolling Stone'' magazine: "The Return of the Draft" 2005
* How To Beat The Draft Board
Reinstating the military draft by Walter E. Williams


* ttps://blogs.loc.gov/loc/2016/09/world-war-i-conscription-laws/ World War I: Conscription Laws from the Library of Congress Blog {{DEFAULTSORT:Conscription In The United States American nationalism United States military policies