this post was submitted on 10 May 2024
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top ten loopholes (lemmy.cafe)
submitted 6 months ago by spujb@lemmy.cafe to c/politicalmemes@lemmy.world
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[–] PhlubbaDubba@lemm.ee 16 points 6 months ago (1 children)

I just realized, does that make the draft unconstitutional? It's literally state coerced labor without even the pretense of a bullshit charge.

[–] spujb@lemmy.cafe 18 points 6 months ago* (last edited 6 months ago) (1 children)

Arver v. United States, 245 U.S. 366 (1918), also known as the Selective Draft Law Cases, was a United States Supreme Court decision which upheld the Selective Service Act of 1917, and more generally, upheld conscription in the United States. The Supreme Court upheld that conscription did not violate the Thirteenth Amendment's prohibition of involuntary servitude, or the First Amendment's protection of freedom of conscience.

TLDR, not according to the Supreme Court, though you haven’t been the first to perhaps disagree.

[–] LodeMike@lemmy.today 3 points 6 months ago* (last edited 6 months ago) (2 children)

That ruling is bullshit

As reasoning for its decision, laws of the following governments of sovereign states were given as listed in The Statesman's Yearbook for 1917 as enforcing military service

~~The justices were literaly looking for any reason to keep the draft (for an unwinnable war that the pentagon lied about for years)~~

And yes, the draft is by definition servitude/slavery and is illegal under the 13th.

[–] Wogi@lemmy.world 8 points 6 months ago (1 children)

1917 is just a few decades too early for the Pentagon to be involved. Not that the government wasn't fucking lying anyway.

[–] Dasus@lemmy.world 2 points 6 months ago

Technically it isn't, because you're left with option or conscientious objecting.