Heb's Two Cents - Draft Unconstitutional

My explanation on why the military draft and any form of involuntary community service is unconstitutional. Includes logical proof of self-ownership of human capital and labor, of which I give credit to stefbot.

Fifth Amendment:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Thirteenth Amendment:
"Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have the power to enforce this article by appropriate legislation."

Category:

Education

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• obama
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[monkey61906]

your boaring

[bigheb774]

And you can't spell. We're even.

[Cherrygreensky]

1. While there is a preference to consistency as a manner for due process purposes, the supreme court isn't strictly bound to precedence alone. The process leading up to the decision must be correct.

2. Even if this stretching of the definition of "property" is applicable to the specific 5th amendment clause in question, "just compensation" could probably just be interpreted as appropriate wages. I'd not use that argument if standing against a draft, since it's self-defeating.

[monthofthebull]

I serve in the army in Israel where it is mandatory service, but many people do not serve because they do not believe in war which is legal. I find my scenario odd because I am an American citizen (not Israeli) who serves in a mandatory military voluntarily (kind of like the FFL), but I would never go into a war without reason. If I thought America had a threat to it, I would be the first to sign up, but I would never do it without reason that I find suitable. Vietnam was not needed which is all

[wdj1200]

If you took that argument to Supreme Court, you would win! 99.9% guaranteed by me!

[thefakeyeti]

@thefakeyeti oh and I find it amusing that we live in a society that we cannot get passed highschool and college without shooting the place up, yet some people want to reinstate the draft..

[thefakeyeti]

:if you were to put value on human life" Deeper then that, if I wind up having to shoot a 6 year old in the face because he was charging at me (the invader) I will be pretty damn mentally scarred.

[sixwingproductions]

is the draft not slavery to the military its ilegall dang you goverment

[sixwingproductions]

is the draft not slavery to the military its ilegall damn you goverment

[GamingwithFuzz]

Fuck the Draft!

Fuck Obama!

Fuck Obama!

Do not send our youth to war, and let them live with the horrors of war!

I was in vietnam in 1967, got drafted in 1966, and i was never so scared in my life.

[doc4care]

this pov would've serve america well during wwii.

sorry bigheb, think you're off-base here.

[DimeLivesInUs]

I'm a Libertarian but I have to be fair to the constitution here.

Art. 1 Sec. 8

"To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years"

"To make all laws which shall be necessary and proper for carrying into execution the foregoing powers"

Congress can issue a draft, the President can't.