Military Draft

The use of mandatory conscription to fill the ranks of the armed forces. The U.S. Constitution authorizes Congress, “To provide for calling forth the Militia to execute the laws of the Union, suppress Insurrections and repel Invasions.” There is nothing in the Constitution, however, that gives Congress the authority to draft U.S. citizens to be sent overseas and engage in foreign conflicts.

George Washington attempted to institute a draft during the American Revolution, but Congress and the courts denied him the authority. However, the draft initiated by President Abraham Lincoln during the [Page 465]Civil War was justified on the basis of quelling a national insurrection.

On May 18, 1917, President Woodrow Wilson signed the first draft law to send soldiers to Europe to fight in World War I. The first peacetime draft took place in September of 1940, shortly before the United States got involved in World War II. The draft ended in 1947, but was quickly restored to ensure enough troops in response to the Cold War.

The Vietnam War provoked widespread dissatisfaction with the draft, partly because so many draft-eligible males could obtain exemptions. More important, however, was the unpopularity of the Vietnam conflict itself. President Richard Nixon ran for reelection in 1972 by promising to end the draft, and Congress allowed the draft law to expire in 1973.

Since the end of the Vietnam War, there have been periodic calls for a new draft to meet the military needs of the United States. Despite such calls for reinstating the draft, the United States now depends upon an all-volunteer military force, which many experts argue is superior to a conscripted force.