The Mandatory Military Service of America - Research Paper Example

An Investigation into the Mandatory Military Service in America and the Pros and Cons Associated with it. Outline Thesis Statement: A detailed investigation into understanding drafting for purposes of the Mandatory Military Service of America from both the law makers’ and civilians point of view. I. Abstract II. Body a. The inception of drafting for the Mandatory Military Service b. Chronological Summary of the Draft of the United States c. The Draft Abolition d. Consequences of not registering with the Selective Service e. Pros and Cons of the Mandatory Militia f. Conclusion III. References Abstract A mediocre interpretation of the word “mandatory” will be obligatory or compulsory. The Mandatory Military Service of America carries out compulsory enrollment and induction into its services as part of its functions. With reference to the Legal Dictionary, enrollment is done through conscription also known as “draft”. However, draft and conscription are two different concepts. Conscription is the compulsory induction of individuals into the armed forces, as compared to draft which is the procedure by which people are conscripted. Men within a certain age group must register with the Selective Service for possible conscription, but this concept was suspended by 1973. According to this said source, conscription typically involves individuals who are deemed fit for military service. At times governments have instituted universal military service in which all men or people of a certain age are conscripted. Some American colonies employed conscription. During the Revolutionary War, the American government used selective, temporary conscription to fill the ranks of its military. Congress passed the Selective Draft Act (40 Stat. 76). The act created a government office to oversee conscription. It also authorized local draft boards to select eligible individuals for conscription. The following year, the Supreme Court upheld the constitutionality of conscription, noting that Article I of the Constitution gives Congress the power to "raise and support Armies". Presidential authority to conscript individuals into the U.S. armed forces ended in 1973. No individual has been conscripted into the military since then. Inception of the draft The idea that members of a community have a duty to defend it is as old as civilization itself. In a free society like ours, forcing citizens to fight involves conflicting notions of civic duty, individual freedom and equality. Although America has relied on an all-volunteer military for most of its history, it was forced to draft men to fight the civil war and the wars of the 20th century. (Cited from Paul Ruschmann, Mandatory Military Service) George Washington was the first of a number of presidents to propose compulsory military training for all men. “Every citizen who enjoys the protection of a free government, not only owes a proportion of his property but also some of his personal services for the defense of it, and consequently that the citizens of America……should be borne on militia rolls”. Despite his proposal, his advice was overlooked and the all-volunteer militia remained. However, at the time of the civil war, there was enough man power to go to battle. The Confederacy which had a much smaller population than the Union authorized a draft. The next year, lawmakers followed suit. Despite attractive bonus packages, the Military was not attracting enough persons to raise an army strong enough to win the war. With the draft laws conceived by the Union and the Confederacy, they allowed a man to hire a substitute to fight for him. During that era, that was the most intelligent means of exempting men engaged in essential civilian occupations. The law also exempted a man from serving by paying a $300 commutation fee to the government. Many Northerners complained that the civil was a “rich man’s war and a poor man’s fight” and anti-draft violence broke out in a number of cities. The worst unrest occurred in New York City, where anti-draft protests degenerated into race riots; by some estimates, more than a thousand people, most of the African descents were killed (Cited from Paul Ruschmann, Mandatory Military Service) Chronological Summary of the Draft in the US Between 1607 and 1775 most colonies required able-bodied men to bear arms, undergo military training, and fight when called upon. Then between 1775 and 1781, George Washington in the Revolutionary War led a force of paid enlistees, volunteers and draftee militiamen against the British. In the year 1778, the Continental Congress urged the States to consider the draft, but the idea was dropped when France entered the War on the American side. By 1787, the Framers sent the Constitution to the States for ratification. It gives the State power over the Militia and the Congress to raise armies. It also authorizes the Presidents to call up the Militia in an emergency. Then in 1972, Congress passed the Uniform Militia Act, which called for the enrollment of men of military age. However, enforcement was left up to the States. By 1814, the Madison Administration asked Congress to authorize a draft, but lawmakers couldn’t agree on a law. After the War of 1812, the Militia System went into decline. Between 1846 -1848, relying on an All-volunteer force, the United States won the Mexican War. However, the conflict lasted longer than expected. Then in 1862, with far fewer Military age men more than the Union, the Confederacy resorted to a draft to fill the army’s manpower needs. By 1863, the US Congress authorized a draft. Fewer than 3% of those who served in the Union Army are draftees forced to serve in person. Later in 1898, Congress passed a law that made men subject to Military Duty. However, there was no national draft and the Spanish-American War was fought with volunteers. By 1917, Congress passed the Selective Service Act, the nation’s most modern draft law. The following year, in the Selective Draft Law cases, the Supreme Court found the draft constitutional. A total of 2.8 million men-three out of four serving in the war are draftees. In 1940, in an effort to rebuild the Military, Congress passed the Selective Training and Service Act. The Act created the Nation’s first peace time draft. Then between the years 1941-1945 after the United States entered World War II, Congress expanded the draft. The class of draft edible men grew as the war continued. Ten million men were drafted. Two years later in 1947 Congress allowed the draft to expire and rejected the idea of universal Military Training. Then the most important date after that would be 1973 when the draft ended and the US converted to an all-volunteer army. The Draft Abolition The draft for conscription was ended in 1973 and America converted to an All-volunteer Military. With the new laws implemented if a draft was to be done today, it would have less conspiracies and discrepancies involved with regards to how they are selected and the instances where they may be exempted or their services suspended. The registration for the draft requirement was annulled in 1975 but recommenced in 1980 through to today. This is used as measures to ensure sufficient manpower should a war occur. Today men register with the Selective Service System. The system requires men between the ages of 18-25 years to register. Through this process the Government is collecting information (names and addresses) to call upon them should they need to expand the armed forces. The Selective Service Act was initiated on May 18, 1917 (History.com) by Brigadier Hugh Johnson. The act gives Presidents the power to draft civilians if they see fit. However, signing with the Selective Service doesn’t mean you will be drafted since 1973, but failure to register with the Service is considered a FELONY! Consequences of not registering with the Selective Service The harshest consequences of such a felony against the Selective Service would be a $250 000 fine and up to 5 years in prison. Failure to comply with the registration requirements can also cause persons to lose out on Federal State benefits. Males must be registered to hold executive positions in the Federal Government and in the US Postal Service. This role however, applies only to men born after December 31, 1959. In addition to that males will lose out on Student Financial Aid. Males not registered with the Service are not able to obtain Federal State Loans or Grants which may include; Pell Grants, College Work Study etc. Moving along, males who are interested in obtaining citizenship must register once he entered in the country before his 26th birthday. Furthermore, if you fail to register with the Selective Service, you are ineligible for Federal Job Training Opportunities. To top it off, May 16, 2002 (Rod Powers, about.com) acknowledged that 19 states and 2 territories have enacted driver’s license laws supporting the Selective Service Registration. Pros and Cons of the Mandatory Military Service After reviewing comparative sources, the main duty and responsibility of the Mandatory Military Service is to raise enough manpower to withstand a war. There have been extensive debates about the purpose and the pros and cons of having such service. An e-how contributor argued her point well, making it clear that there are variety of advantages of having such a militia with the most important of such advantages being Military Preparedness. Nations with major defense issues seek to lessen the burden of their armed forces by requiring increased military participation from their citizens. The United States, which has an all-volunteer military, has found that its forces are heavily strained due to the Iraq and Afghanistan wars, and proponents of mandatory military service have suggested this is part of the solution. Then there is National Unity and Diversity in the Armed Forces. In the United States, a volunteer military attracts those that are most in need of a career and money for higher education. Requiring military service diversifies the armed forces and removes a disproportionate amount of the burden from the poor and from ethnic minorities. The result is a greater sense of national unity and integration between races and economic classes. Next is the influence of a more competitive work force. The military has always provided a valuable place for those with fewer resources at their disposal to gain important skills. Those with a military background are more competitive in the career pool and carry with them skills that can be applied to fields outside the military. Furthermore, the author argued that there is an influence in discipline and public service. Some proponents of mandatory military service argue that young people leaving school in their teen years, either by graduating or dropping out, create societal disadvantages. Military service instills in recruits an understanding of responsibility and sacrifice from working for a greater cause in unison with fellow citizens. On the other hand, one miscellaneous author of “Mandatory Draft-the Answer for American Youth” (Oct 27, 2007) argued his point about the psychological effects drafting young men into the military will have on the young men themselves. However, a journal publication by the Science Museum further stressed that; persons who join the military more frequently become a victim of the psychological effects of war. The aspect of war comes with a lot of long term effects. Soldiers not only suffer on the battle field. Veterans often needed long-term care owing to the physical and psychological impact of war. The close proximity of people in wartime conditions meant diseases such as tuberculosis could easily spread. The exertion of battle could highlight other health problems including asthma and heart conditions. Some conditions such as trench foot, an infection of the feet caused by cold, wet and unsanitary conditions, were very specific to the water-filled trenches of the First World War (1914-18). (Cited from Sciencemuseum.org) In addition to physical problems either exacerbated or caused by war, emotional problems could also be brought on by battle. The First World War is often associated with the syndrome called shell shock. This was originally believed to have a physical origin, caused by the impact of loud shelling. However, it became clear that soldiers who had never been exposed to shells were developing the same symptoms. During the horrendous Battle of the Somme in 1916, there was a severe increase in the number of cases. Because of its psychological origins, shell shock was defined as a neurosis (a mild mental illness in which a person feels depressed pr anxious, or behaves in an obsessive way) and there was little sympathy for shell-shocked soldiers. During the Second World War (1939-45) psychiatrists in the United States used psychological testing to determine a recruit’s suitability to be a soldier. Despite these tests, the effects of battle were still hard on soldiers. Many demonstrated symptoms of high levels of stress, a condition referred to as battle fatigue. (ScienceMuseum.org) Post-traumatic stress disorder (PTSD) was the term used after 1980 to explain the effect of war on soldiers and was later used outside the military to describe the impact of a traumatic event on an individual. However, there is a long history of different diagnoses used to try and get to grips with the psychological impact of war. The most recent war syndromes include Gulf War syndrome, experienced mainly by American and British soldiers who fought in the 1991 Gulf War. Conclusion After reviewing the elements of the assignment, the Researcher has varied opinions of the draft and some of the instituted consequences of not registering with the Selective Service System. First one, the Researcher believes that the draft itself at the time was a violation against Human Rights. Despite having the right to defend our country-forcing people into the Militia to fight is somewhat unethical. Experienced soldiers are going to war and coming back with severe mental illnesses, imagine sending young, inexperienced males out there to fight in a political battle. The effect it has on most of them must be detrimental. Secondly, many of the reviewed sources have made clear their mixed reviews about the influence of the draft on young people. It can never be safe to assume that being drafted into the Militia will have positive effects on everyone. Yes, some will come out skilled or even disciplined, but its also a possibility of having some with worse distorted behaviors. What we failed to understand at the time was that, war, death and the fear of death can have severe consequences on people and they may have developed serious resentment for authorities who forced them there. Upon completion of the research, the Researcher also discovered that most of the persons enlisted in the army are from poor socio-economic backgrounds and are from minority groups. Most of them enlisted because they want to acquire special benefits and most times to further their education or their careers. Quite similar to the Selective Service System, if you are not registered you are not obliged to ascertain privileges. In colloquial terms, this system comes off somewhat as a bribe if you examine it closely. In conclusion, the Researcher agrees with the abolition of the draft and to a certain extent the Selective Service. In addition, to reviewing the pros and cons associated with the draft, the Researcher believes that their no concrete substantial claim to support the reinstatement of the draft-Mandatory Military Service of America. Works Cited Page Benefits of the Mandatory Military Service, (October 27, 2010), retrieved from: http://www.ehow.com/facts_4868048_benefits-mandatory-military-service.html History.com, “Selective Service Act”, retrieved from: http://www.history.com/this-day-in-history/us-congress-passes-selective-service-act The Legal Dictionary, “Conscription and Drafting”, (n.d.), retrieved from: http://legal-dictionary.thefreedictionary.com/Mandatory+military+service Mandatory Draft-The answer for American Youth? (Oct 29, 2007) retrieved from: http://www.methodsdemanders.com/?p=21 Powers, R. “All about the draft”, (n.d.) retrieved from: http://usmilitary.about.com/cs/wars/a/draft2.htm Ruschmann, P. “Mandatory Military Service”, (2004), retrieved from: http://books.google.com/books?hl=en&lr=&id=1CVP8NHbeUwC&oi=fnd&pg=PA5&dq=mandatory+military+service&ots=npK0L4rjpq&sig=QV-VY8sRsaXq7AcLhoxdhhCMRiA#v=onepage&q&f=false Wars Long Term Effects, (n.d), retrieved from: http://www.sciencemuseum.org.uk/broughttolife/themes/war/effects.aspx Read More