Draft Dilemmas

Stephanow, 2009

Inner-Outer Circle

• Split class in half. One half is the inner circle and the other half is the outer circle.

• GET UP ON YOUR FEET!• Inner circle people, make a large circle around the

room, facing out. Outer circle people go pair up with someone.

• Face each other to discuss the following questions.

• Outer circle people will move to the left after each discussion.

• You will have one minute to discuss each question. Inner circle people share first.

Why do people volunteer for military service?

What are the reasons why governments typically institute a

draft?

Do these reasons justify a citizen’s obligation to abide by a draft? Why

or why not?

If a draft inducted people into service from all economic and

education backgrounds, would this make the obligation to fight U.S. conflicts more fair, or less fair?

Why?

Women first served in the active-duty military in the 1991 Gulf War, and today make up approximately 15% of active military personnel

serving in the Iraq conflict.

If a new military draft were enacted, should women be included? Why or

why not?

According to military policy, openly homosexual individuals are banned

from military service (a policy known as “don’t ask, don’t tell”).

In the event of a draft, should the military discharge draftees who

indicate a homosexual orientation? Why or why not?

Is the shortage of troops best solved by increasing the number of soldiers or reducing U.S. commitments for

troops? Why?

Selective Service Act Facts

Selective Service System Timeline

Schenck v. United States (1919)

• Reading…– & discussion.

United States v. O’Brien (1968)

• Reading…– & discussion.

Who gets drafted now?

• Nobody right now• Congress must act to reinstate the draft• Only males are required to register with the

Selective Service System

Who Must Register?• With few exceptions, all male United States citizens and male aliens residing in the United States and its territories

must register within 30 days of their 18th birthday.• Parolees, refugees, and applicants for asylum are considered to be residents of the United States and therefore must

register within 30 days of their 18th birthday.• Disabled men who are able to function in public, with or without assistance, must register. A friend or relative may

help a disabled man complete the registration form if he is unable to do so himself.

– Members of the National Guard and Reserve Forces, not on full-time active duty, must register.– Men cannot register after reaching age 26– For further information on who must register, refer to the “Who Must Register” chart on the inside back cover of this pamphlet.– Who Is Exempt From Registration? – The law exempts certain persons from the requirement to register:– Females– Lawfully admitted non-immigrant aliens (such as those men on visitor or student visas and members of diplomatic or trade missions

and their families) because they are residing in this country temporarily.– Men who are unable to register due to circumstances beyond their control, such as being hospitalized, institutionalized, or

incarcerated. However, they must register within 30 days after their release.– Members of the Armed Forces on full-time active duty. This exemption also applies to cadets and midshipmen at the United States

service academies. However, upon release from active duty, a man must register within 30 days if he is not yet 26 years of age and has not already registered.

– What Are The Benefits?– Federal and many state laws require registration-age men to be registered with Selective Service to remain eligible for applying for

the following benefits: student financial aid, government employment, employment with the U.S. Postal Service, job training, and U.S. citizenship for male immigrants.

– How Do You Register?– There are several ways a young man can register with the Selective Service System:– Registration On-Line– Young men can now register with Selective Service using the Internet. With access to the Internet, any young man can register by

clicking on the “ Register On Line Now” icon at the Selective Service web site (www.sss.gov). He then enters in some basic information and within seconds, he’ll receive his Selective Service Number. Within about two weeks, he will receive an Registration Acknowledgment Card in the mail.

– Verification On-Line– Since Selective Service registration is required for student

Who Must Register?

• Members of the National Guard and Reserve Forces, not on full-time active duty, must register.

• Men cannot register after reaching age 26.

Who Is Exempt From Registration?

• The law exempts certain persons from the requirement to register:– Females– Lawfully admitted non-immigrant aliens

(such as those men on visitor or student visas and members of diplomatic or trade missions and their families) because they are residing in this country temporarily.

– Men who are unable to register due to circumstances beyond their control, such as being hospitalized, institutionalized, or incarcerated. However, they must register within 30 days after their release.

Who Is Exempt From Registration?

– Members of the Armed Forces on full-time active duty. This exemption also applies to cadets and midshipmen at the United States service academies. However, upon release from active duty, a man must register within 30 days if he is not yet 26 years of age and has not already registered.

• No Federal grants or loans• No Federal job training programs• No Federal employment• No U.S. citizenship for immigrants• In most states, no state grants or loans• In many states or cities, no government jobs

What if I don’t register?

What if I don’t register?• Prosecution by Department of Justice

– Fine of up to $250,000– Prison term of up to 5 years Both fine and prison term

• A matter of fairness– Men who do not register increase the likelihood of

involuntary service for those who do register

The ways a man can register

• By initiating a registration on-line through the Agency’s web site at http://www.sss.gov

• By filling out a Selective Service registration form at any U.S. Post Office

• By completing a registration reminder postcard which he may receive in the mail shortly before his 18th birthday

• By telephone, if he receives a registration card in the mail from Selective Service with a PIN number allowing telephone registration

The ways a man can register• At a High School participating in Selective Service’s

Registrar Program• At any U.S. Embassy or consular office• By agreeing to be registered when completing a

Federal student financial aid application or when applying for entry into a Federal job training program

• By completing the Immigration and Naturalization Service,

• “Application to Adjust Permanent Status”, Form I-485 or the State Department Visa Application Form OF230.

No Child Left Behind Act, 2001• Sec. 9528. Armed Forces Recruiter Access

to Student and Student Recruiting Information– (1) Access to Student Recruiting Information

• “each local educational agency receiving assistance under this Act shall provide, on a request, made by military recruiters or an institution of higher education, access to secondary school students’ names, addresses, and telephone listings.”

No Child Left Behind Act, 2001

• Sec. 9528. Armed Forces Recruiter Access to Student and Student Recruiting Information– (2) CONSENT: “A secondary school student or

the parent of the student may request that the student’s name, address, and telephone listing described in paragraph (1) not be released without prior written parental consent, and the local educational agency or private school shall notify parents of the option to make a request and shall comply with any request.”

Parents Protest

• “Leave My Child Alone” website– “The Leave My Child Alone campaign focuses on one

simple issue: Should public high schools turn over private contact information of minor children to military recruiters without explicit written permission from parents? Among those who support our campaign are current and retired military service members who are proud of their service to their country and indeed fought to protect the privacy rights and freedoms which we seek to defend. We support our troops, but we do not support recruiters visiting or calling children at their homes without explicit written permission from their parents.”

Class Discussion…

Why do people volunteer for military service?

What are the reasons why governments typically institute a

draft?

Do these reasons justify a citizen’s obligation to abide by a draft? Why

or why not?

If a draft inducted people into service from all economic and

education backgrounds, would this make the obligation to fight U.S. conflicts more fair, or less fair?

Why?

Women first served in the active-duty military in the 1991 Gulf War, and today

make up approximately 15% of active military personnel serving in the Iraq

conflict.

If a new military draft were enacted, should women be included? Why or

why not?

What did the SCt say about this?Next slide…

Rostker v. Goldberg (1981)

• FACTS: After the Soviet Union invaded Afghanistan in early 1980, Pres. Carter reactivated the draft registration process. Congress agreed with Carter’s decision, but did not enact his recommendation that the Military Selective Service Act be amended to include the registration of females. A number of men challenged the constitutionality of the act, and the challenge was sustained by a district court.

CONSTITUTIONAL QUESTION:Is it gender discrimination to exclude

women from the registration process?

DECISION: 6-3 NO• Congress’ decision “was not the accidental

by-product of a traditional way of thinking about females” and did not violate the due process clause. The Court found that men and women, because of combat restrictions on women, were not “similarly situated” for the purposes of draft registration. Also agreed it would create administrative and military problems by drafting women for noncombat roles.

• Do you think the SCt would rule the same way today?

According to military policy, openly homosexual individuals are banned

from military service (a policy known as “don’t ask, don’t tell”).

In the event of a draft, should the military discharge draftees who

indicate a homosexual orientation? Why or why not?

Is the shortage of troops best solved by increasing the number of soldiers or reducing U.S. commitments for

troops? Why?

Should a draft be reinstated?• Rep. Charles Rangel introduced a bill in 2006 to re-enact

the draft. This is why…• Most people that volunteer for the military are from the

poorer communities in the inner cities and rural areas.– “In NYC, in 2004, 70% of the volunteers in the city were black or

Hispanic, recruited from lower income communities such as East New York, Brooklyn, Long Island City, Queens, and the South Bronx.”

• The need for more manpower.– “The military was having to dip far into the reserves and the

National Guard to have enough soldiers in Iraq.”

• Others have said, people should serve their country in time of need.– Some have called for a “universal draft” for those 18-26, to serve

either in the military or by doing community service in their community.