51: The Draft

 

51 years ago today (January 27, 1973) the United States ended the Military Draft.

It had been in place, in different forms, throughout most of American History.

In Colonial America (1492-1776) the Thirteen Colonies used a Militia System for Defense which required  able-bodied White Males to enroll in the Militia, to undergo a minimum of Military Training, and to serve for limited periods of time in War or Emergency.

The same Militia System was used after the United States became independent in 1776, but was done at the State Level (not the Federal Level) until 1789.

During the American Revolutionary War, the States sometimes Drafted Men for Militia Duty or to fill State Continental Army Units. This First National Conscription was irregularly applied and failed to fill the Continental Ranks.

Post Ratification of the Constitution in 1789, Article I.8.15, allows for Congress to Conscript. Giving it the power to provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; Section 8.16 of the same article, allows Congress to provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.

Article II.2.1 makes the President the Commander in Chief of the Militia.

Conscientious Objection was allowed and you could pay a fine instead of serving.

The Second Militia Act of 1792 defined the First Group who could be called up as "each and every free able-bodied White Male Citizen" between the ages of 18 and 45.

During the War of 1812 (1812-1815): President James Madison unsuccessfully attempted to Federally Draft 40,000 Men.

During the American Civil War (1861-1865) both the Union and the Confederacy used the Draft.

In The Confederacy South: The First Conscription Act, passed April 16, 1862, made any White Male between 18 and 35 years old liable to three years of Military Service.

On September 27, 1862, the Second Act extended the age limit to 45 years.

The Third Act, passed February 17, 1864, changed this to 17 to 50 years old, for service of an unlimited period.

From 1862-1864 those Drafted could hire a Substitute to fight for them.

There were exemptions to the Draft (most notably the “Twenty Negro Law” where any White Man that owned 20 or more Black Slaves couldn’t be Drafted.)

It lasted until the Confederacy was defeated in 1865.

Conscientious Objection was allowed and you could pay a fine ($500 or $9,141.41 in today’s money) instead of serving.

In the Union North: The Militia Act of 1862 authorized a Draft within a State when the State could not meet its quota with Volunteers.

The Act, for the first time, also allowed Blacks to serve in the Militias as Soldiers and War Laborers, but in Segregated Units headed by White Officers.

Anyone Drafted could hire a Substitute (someone not themselves eligible to be Drafted) to fight for them. 2% of the Union Soldiers who fought were Draftees and 6% of the Union Soldiers who fought were Draftee Substitutes.

Conscientious Objection was allowed and you could pay a fine ($300 or $5,484.85 in today’s money) instead of serving.

The Enrollment Act of 1863 also known as the Civil War Military Draft Act was the first genuine National Conscription Law. The law required the enrollment of every Male Citizen and those Immigrants who had filed for Citizenship, between 20 and 45 years of age, unless exempted by the Act.

The Act replaced the Militia Act of 1862. It set up under the Union Army an elaborate machine for enrolling and Drafting Men for Conscription. Quotas were assigned in each State, and each Congressional District, with deficiencies in Volunteers being met by Conscription.

The hiring of Substitutes was still allowed. Draft Boards were local.

Once the Civil War ended in 1865 the Draft also ended and until 1917 the US Military had only Volunteers (including during the Mexican-American War 1846-1848, the Second Opium War 1856-1859, the Various Indian Wars 1860s -1920s the Spanish-American War 1898, the Philippine-American War 1899-1902, the Boxer Rebellion 1899-1901 and the Mexican Border War 1910-1919.)

The Selective Service Act of 1917 allowed for the Draft during World War 1. All Males aged 21 to 30 were required to register to potentially be selected for Military Service.

At the request of the War Department, Congress amended the Law in August 1918 to expand the age range to include all men 18 to 45, and to bar further Volunteering.

Unlike during the Civil War no Draft Substitutes could fight for you.

The US Military was still Segregated. Draft Boards were local.

Conscientious Objection was allowed, but you had to serve in Non-Combat Military Roles.

By the end of World War I, some 2 Million Men Volunteered for various branches of the Armed Services, and some 2.8 Million had been Drafted.

The Draft ended when World War 1 ended on November 11, 1918.

From 1918-1940 the US Military only had Volunteers.

The Selective Training and Service Act of 1940, also known as the Burke–Wadsworth Act, was the first Peacetime Conscription in United States History.

This Selective Service Act required that Men who had reached their 21st Birthday but had not yet reached their 36th Birthday register with local Draft Boards.

From 1940-1942 there was a National Draft Lottery.

When the U.S. entered World War II in 1941, all Men from their 18th Birthday until the day before their 45th Birthday were made subject to Military Service, and all Men from their 18th birthday until the day before their 65th Birthday were required to register and those Drafted served for the “duration of the War plus 6 months.”

From 1942-1945 the National Draft Lottery was replaced with the Local Draft Boards.

Conscientious Objection was allowed, but you had to join the Civilian Public Service (working in Soil Conservation, Forestry, Firefighting, Agriculture, Social Services and Mental Health Services.)

12,000 Americans served in the CPS.

By 1945, 50 Million American Men had registered for the Draft and 10 Million were Drafted.

From 1946-1948 the US Military had all Volunteers.

The Selective Service Act of 1948, also known as the Elston Act, was a major revision of the Articles of War of the United States enacted on June 24, 1948 that established the current implementation of the Selective Service System.

The new Law required all Men of age 18 to 26 to register. The US Military also  became Integrated in 1948.

During the Korean War 1950-1953 The Selective Service System used Local Draft Boards to Draft 1.5 Million Men.

In 1953 President Eisenhower ended the Paternity Deferment for Married Men.

In 1962 President Kennedy ordered that Men with Children be placed at the bottom of the Draft List and Married Men without Children be placed right above those with Men with Children.

President Johnson ended both of these policies in 1965.

During the Vietnam War 1964-1973 8,744,000 Americans served in the US Military of whom 3,403,000 were deployed to Southeast Asia with 2,215,000 of them Draftees.

Of the nearly 16 Million Men not engaged in active military service, 96% were Exempted (typically because of jobs including other Military Service), Deferred (usually for Educational Reasons), or Disqualified (usually for Physical and Mental Deficiencies but also for Criminal Records including Draft Violations).

On December 1, 1969, a National Draft Lottery was held to establish a Draft priority for all those born between 1944 and 1950.

This was done by President Nixon because the Local Draft Boards were seen as favoring the White and Rich. A National Draft Lottery was also held in 1970, 1971 and 1972. 

Conscientious Objection was allowed, but you had to serve in a Non-Combat Military Role or go to Prison.

On January 27, 1973 the US officially ended the Military Draft (after the Paris Peace Accord between the US and North Vietnam – also signed on January 27, 1973.)

From 1973-1980 not only was the US Military All-Volunteer, but Men no longer had to register for the Draft with the Selective Service System.

In 1980, after the Soviets invaded Afghanistan, President Carter started requiring all Men to register for the Selective Service System from the time they were 18 until they were 25.

This requirement remains in place today with many Federal and State Penalties for not registering (ie. a Federal Felony punishable by up to 5 years Imprisonment or a $250,000 Fine.)

Today, the Selective Service System continues to update its policies with Congress in case the Draft is ever brought back.

If the Draft was returned there would be a National Draft Lottery to ensure equality (although Women still won’t be Drafted even though they have been allowed in Combat Roles since 2016.)

College Deferments would only last until the end of that Semester and not when you graduated. 

Current Change to any National Draft Lottery: The Men called first would be those who are or will turn 20 years old in the calendar year or those whose Deferments will end in the calendar year.

Each year after, the Man will be placed on a lower priority status until his liability ends.

For 50 years the US Military has been an All-Volunteer Force.

They have fought in: the last days of the Cold War 1973-1991, Lebanon 1982-1984, Grenada 1983, Libya 1986, Panama 1989-1990, the Gulf War 1990-1991, Iraqi No-Fly Zone 1991-2003, Somalia 1992-1995, the Former Yugoslavia 1992-1996, Haiti 1994-1995, Kosovo 1998-1999, Afghanistan 2001-2021, Yemen 2002-Present, Iraq 2003-2021, Pakistan 2004-2018, Somalia 2007-Present, Indian Ocean Pirates 2009-2016, Libya 2011, Uganda 2011-2017, Syria 2014-Present and Libya 2015-2019.

A Poll conducted in 1973 (when the Draft ended) found that 84% of every American either served or knew a Loved One that served in the US Military.

A Poll conducted in 2019 found that 0.01% of every American either served or knew a Loved One that served in the US Military.