- Position1 of 3›
- Yes, military conscription should be banned.
As a compulsory mandate, no one has the final say over whether they are drafted or not.
The argument
Mandating national military service will infringe on an individual's freedom to choose what they wish to do with their own life. In other words, forcing a person to do something they simply do not want to do is violating their inalienable right to pursue their own happiness. Moreover, such freedom is protected within the constitution of the United States (13th amendment): "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States." Moreover, in 1987 the UN Commission on Human Rights moved towards recognizing that all individuals have the right to object military service as forcing an individual would be no different than forced labor. Digging deeper into this issue, mandatory conscription also fails to recognize conscientious objection to military service. This is of itself a violation of Article 18 of the Human Rights Declaration which upholds both freedom of religion as well as the freedom to change one's own beliefs. Thus, although the government has the authority to raise an army, there is no constitutional basis compelling citizens to do so. Instead, an individual's refusal to take part in war is not only a contribution towards peace, but it is also protected by various authorities including the United States Constitution.
Premises
Counter-arguments
At times, sacrifices need to be made for the greater good. For example, in response to the 9/11 terrorist attacks, the United States government modified Constitutional rights in order to increase national security and reduce the risk of terrorism on American soil. Such precautions have taken various forms. One of which has been an increase in both targeted and random screenings of airline passengers. Although such screening violate individual rights to privacy, it is in the name of security and is ultimately necessary. This is no different in the case of mandatory national conscription. More specifically, we must sacrifice some of our own civil liberties for security and prosperity. Citizens of the United States should stop thinking so individualistically and start looking at the bigger picture, one of collectivism.
Rejecting the premises
[Rejecting P1] The premise treats any compulsion as a violation of free will, but every state imposes duties that override individual preference — taxation, jury service, compulsory schooling, quarantine — and no principle is offered here that distinguishes conscription from these. Without one the argument proves too much, ruling out obligations most of its proponents accept. [Rejecting P2] The legal claims are contestable. The Supreme Court considered and rejected the Thirteenth Amendment objection to the draft in the Selective Draft Law Cases of 1918, holding that a duty of military service is not the involuntary servitude the amendment prohibits. The recognition of conscientious objection also cuts against the conclusion rather than for it: an accommodation for objectors is a way of operating conscription, not a case for banning it. [Rejecting P3] The premise concedes the power and then denies the means. If a government may raise an army, the live question is which methods of doing so are permissible, and the constitutional text the argument relies on grants Congress the power to raise and support armies without prescribing a mechanism. The counter's point about balancing liberty against collective security is the substantive dispute none of these premises reach.