A Draft Violates Individual Liberty by Ron Paul

by Congressman Ron Paul

The draft, whether for military purposes or some form of "national service," violates the basic moral principles of individual liberty upon which this country was founded.  Supporters of conscription have taken advantage of the events of September 11 to renew efforts to reinstate the military draft.  It is no exaggeration to state that military conscription is better suited for a totalitarian government, such as the recently dethroned Taliban regime, than a free society.

The most important reason to oppose a draft is that it violates the very principles of individual liberty upon which our nation was founded. The basic premise underlying conscription is that the individual belongs to the state, individual rights are granted by the state, and therefore politicians can abridge individual rights at will. In contrast, the philosophy which inspired America's founders, expressed in the Declaration of Independence, is that individuals possess natural, God-given rights which cannot be abridged by the government. Forcing people into military service against their will thus directly contradicts the philosophy of the Founding Fathers. A military draft also appears to contradict the constitutional prohibition of involuntary servitude.

Former President Ronald Reagan eloquently expressed the moral case against the draft in the publication Human Events in 1979: "[Conscription] rests on the assumption that your kids belong to the state. If we buy that assumption then it is for the state - not for parents, the community, the religious institutions or teachers - to decide who shall have what values and who shall do what work, when, where and how in our society. That assumption isn't a new one. The Nazis thought it was a great idea."

During the War of 1812, Daniel Webster eloquently made the case that a military draft was unconstitutional: "Where is it written in the Constitution, in what article or section is it contained, that you may take children from their parents, and parents from their children, and compel them to fight the battles of any war, in which the folly or the wickedness of Government may engage it? Under what concealment has this power lain hidden, which now for the first time comes forth, with a tremendous and baleful aspect, to trample down and destroy the dearest rights of personal liberty? Sir, I almost disdain to go to quotations and references to prove that such an abominable doctrine had no foundation in the Constitution of the country. It is enough to know that the instrument was intended as the basis of a free government, and that the power contended for is incompatible with any notion of personal liberty. An attempt to maintain this doctrine upon the provisions of the Constitution is an exercise of perverse ingenuity to extract slavery from the substance of a free government. It is an attempt to show, by proof and argument, that we ourselves are subjects of despotism, and that we have a right to chains and bondage, firmly secured to us and our children, by the provisions of our government."

President Reagan and Daniel Webster are not the only prominent Americans to oppose conscription. In fact, throughout American history the draft has been opposed by Americans from across the political spectrum, from Henry David Thoreau to Barry Goldwater to Bill Bradley to Jesse Ventura. Organizations opposed to conscription range from the American Civil Liberties Union to the United Methodist Church General Board of Church and Society, and from the National Taxpayers Union to the Conservative Caucus. Other major figures opposing conscription include current Federal Reserve Chairman Alan Greenspan and Nobel Laureate Milton Friedman.

The ultimate cost of war is almost always the loss of liberty. True defensive wars and revolutionary wars against tyrants may preserve or establish a free society, as did our war against the British. But these wars are rare. Most wars are unnecessary, dangerous, and cause senseless suffering with little being gained. The result of most conflicts throughout the ages has been loss of liberty and life on both sides. The current war in which we find ourselves clearly qualifies as one of those unnecessary and dangerous wars. To get the people to support ill-conceived wars, the nation's leaders employ grand schemes of deception.

A Draft Promotes Offensive Wars

Woodrow Wilson orchestrated our entry into World War I by first promising during the election of 1916 to keep us out of the European conflict, then a few months later pressuring and maneuvering Congress into declaring war against Germany. Whether it was the Spanish American War before that or all the wars since, U.S. presidents have deceived the people to gain popular support for ill-conceived military ventures. Wilson wanted the war and immediately demanded conscription to fight it. He didn't have the guts even to name the program a military draft; instead in a speech before Congress calling for war he advised the army should be "chosen upon the principle of universal liability to service." Most Americans at the time of the declaration didn't believe actual combat troops would be sent. What a dramatic change from this early perception, when the people endorsed the war, to the carnage that followed - and the later disillusionment with Wilson and his grand scheme for world government under the League of Nations. The American people rejected this gross new entanglement, a reflection of a somewhat healthier age than the one we find ourselves in today.

But when it comes to war, the principle of deception lives on. The plan for "universal liability to serve" once again is raising its ugly head. The dollar cost of the current war is already staggering, yet plans are being made to drastically expand the human cost by forcing conscription on the young men (and maybe women) who have no ax to grind with the Iraqi people and want no part of this fight.

Hundreds of Americans have already been killed, and thousands more wounded and crippled, while thousands of others will experience new and deadly war-related illnesses not yet identified.

We were told we had to support this pre-emptive war against Iraq because Saddam Hussein had weapons of mass destruction (and to confront al Qaeda). It was said our national security depended on it. But all these dangers were found not to exist in Iraq. It was implied that lack of support for this Iraqi invasion was un-American and unpatriotic.

Since the original reasons for the war never existed, it is now claimed that we're there to make Iraq a western-style democracy and to spread western values. And besides, it's argued, it's nice that Saddam Hussein has been removed from power. But does the mere existence of evil somewhere in the world justify preemptive war at the expense of the American people? Utopian dreams, fulfilled by autocratic means, hardly qualify as being morally justifiable.

These after-the-fact excuses for invasion and occupation of a sovereign nation direct attention away from the charge that the military industrial complex encouraged this war. It was encouraged by war profiteering, a desire to control natural resources (oil), and a Neo-con agenda of American hegemony with the goal of redrawing the borders of the countries of the Middle East.

The inevitable failure of such a seriously flawed foreign policy cannot be contemplated by those who have put so much energy into this occupation. The current quagmire prompts calls from many for escalation, with more troops being sent to Iraq. Many of our reservists and National Guardsmen cannot wait to get out and have no plans to re-enlist. The odds are that our policy of foreign intervention, which has been with us for many decades, is not likely to soon change. The dilemma of how to win an un-winnable war is the issue begging for an answer.

To get more troops, the draft will likely be reinstated. The implicit prohibition of "involuntary servitude" under the 13th Amendment to the Constitution has already been ignored many times so few will challenge the constitutionality of the coming draft.

Unpopular wars invite conscription. Volunteers disappear, as well they should. A truly defensive just war prompts popular support. A conscripted, unhappy soldier is better off on the long run than the slaves of old since the "enslavement" is only temporary. But in the short run the draft may well turn out to be more deadly and degrading, as one is forced to commit life and limb to a less than worthy cause - like teaching democracy to unwilling and angry Arabs. Slaves were safer in that their owners had an economic interest in protecting their lives. Endangering the lives of our soldiers is acceptable policy, and that's why they are needed. Too often, though, our men and women who are exposed to the hostilities of war and welcomed initially are easily forgotten after the fighting ends. Soon afterward, the injured and the sick are ignored and forgotten.

Promoting Liberty Does Not Justify a Draft

It is said we go about the world waging war to promote peace, and yet the price paid is rarely weighed against the failed efforts to make the world a better place. Justifying conscription to promote the cause of liberty is one of the most bizarre notions ever conceived by man! Forced servitude, with the risk of death and serious injury as a price to live free, makes no sense. What right does anyone have to sacrifice the lives of others for some cause of questionable value? Even if well motivated it can't justify using force on uninterested persons.

It's said that the 18-year-old owes it to his country. Hogwash! It just as easily could be argued that a 50 year-old chicken-hawk, who promotes war and places the danger on innocent young people, owes a heck of a lot more to the country than the 18-year-old being denied his liberty for a cause that has no justification.

All drafts are unfair. All 18- and 19-year-olds are never drafted. By its very nature a draft must be discriminatory. All drafts hit the most vulnerable young people, as the elites learn quickly how to avoid the risks of combat.

The dollar cost of war and the economic hardship is great in all wars and cannot be minimized. War is never economically beneficial except for those in position to profit from war expenditures. The great tragedy of war is the careless disregard for civil liberties of our own people. Abuses of German and Japanese Americans in World War I and World War II are well known.

But the real sacrifice comes with conscription - forcing a small number of young vulnerable citizens to fight the wars that older men and women, who seek glory in military victory without themselves being exposed to danger, promote. These are wars with neither purpose nor moral justification, and too often not even declared by the Congress.

Without conscription, unpopular wars are much more difficult to fight. Once the draft was undermined in the 1960s and early 1970s, the Vietnam War came to an end. But most importantly, liberty cannot be preserved by tyranny. A free society must always resort to volunteers. Tyrants thinks nothing of forcing men to fight and serve in wrongheaded wars; a true fight for survival and defense of America would elicit, I'm sure, the assistance of every able-bodied man and woman. This is not the case for wars of mischief far away from home in which we so often have found ourselves in the past century.

One of the worst votes that an elected official could ever cast would be to institute a military draft to fight an illegal war, if that individual himself maneuvered to avoid military service. But avoiding the draft on principle qualifies oneself to work hard to avoid all unnecessary war and oppose the draft for all others.

A government that is willing to enslave a portion of its people to fight an unjust war can never be trusted to protect the liberties of its own citizens. The ends can never justify the means, no matter what the Neo-cons say.

Furthermore, the military neither wants nor needs a draft.  Since military conscription ended over 30 years ago, voluntary armed services have successfully fulfilled the military needs of the United States. The recent success of the military campaign in Afghanistan once again demonstrates the ability of the volunteer military to respond to threats to the lives, liberty, and property of the people of the United States.

A Draft is Not Needed

The Department of Defense has confirmed that conscription serves no military need. Defense officials from both parties have repudiated it. Secretary of Defense Donald Rumsfeld has stated, "The disadvantages of using compulsion to bring into the armed forces the men and women needed are notable," while President William Clinton's Secretary of the Army Louis Caldera, in a speech before the National Press Club, admitted that, "Today, with our smaller, post-Cold War armed forces, our stronger volunteer tradition and our need for longer terms of service to get a good return on the high, upfront training costs, it would be even harder to fashion a fair draft."

In fact, a Department of Defense report stated that draft registration could be eliminated "with no effect on military mobilization and no measurable effect on military recruitment." Today's military is more high tech and specialized than ever before, and an educated volunteer force is required to operate our modern Army, Navy, and Air Force. Most military experts believe a draft would actually impair military readiness, despite the increase in raw manpower, because of training and morale problems.

A draft weakens the military by introducing tensions and rivalries between those who volunteer for military service and those who have been conscripted. This undermines the cohesiveness of military units, which is a vital element of military effectiveness. Conscripts also are unlikely to choose the military as a career; thus, a draft will do little to address problems with retention. With today's high-tech military, retention is the most important personnel issue and it seems counter-productive to adopt any policy that will not address this important issue.

If conscription helps promote an effective military, then why did General Vladisova Putilin, Chief of the Russian General Staff, react to plans to end the military draft in Russia, by saying "This is the great dream of all servicemen, when our army will become completely professional...?"

Instead of reinstating a military draft, Congress should make military service attractive by finally living up to its responsibility to provide good benefits and pay to members of the armed forces and our nation's veterans. It is an outrage that American military personnel and veterans are given a lower priority in the federal budget than spending to benefit politically powerful special interests. Until this is changed, we will never have a military which reflects our nation's highest ideals.

So why is the idea of a draft even considered? One answer is that our military forces are spread far too thin, engaged in conflicts around the globe that are none of our business. With hundreds of thousands of troops already stationed in literally hundreds of foreign nations, we simply don't have enough soldiers to invade and occupy every country we label a threat to the new American empire. Military leaders conservatively estimate that 250,000 troops will be needed to invade Iraq, while tens of thousands already occupy Afghanistan. Add another conflict to the mix - in North Korea, the Balkans, or any number of hot spots - and our military capabilities would quickly be exhausted. Some in Washington would rather draft more young bodies than rethink our role as world policeman and bring some of our troops home.

Military needs aside, however, some politicians simply love the thought of mandatory service to the state. To them, the American government is America. Patriotism means working for the benefit of the state. On a crude level, the draft appeals to patriotic fervor. This is why the idea of compulsory national service, whether in the form of military conscription or make-work programs like AmeriCorps, still sells on Capitol Hill. Conscription is wrongly associated with patriotism, when it really represents collectivism and involuntary servitude.

I believe wholeheartedly that an all-volunteer military is not only sufficient for national defense, but preferable. It is time to abolish the Selective Service System and consign military conscription to the dustbin of American history. 500 million dollars have been wasted on the Selective Service System since 1979, money that could have been returned to taxpayers or spent to improve the lives of our nation's veterans.

Ronald Reagan said it best: "The most fundamental objection to draft registration is moral." He understood that conscription assumes our nation's young people belong to the state. Yet America was founded on the opposite principle that the state exists to serve the individual. The notion of involuntary servitude, in whatever form, is simply incompatible with a free society.