Cato Institute
Policy Analysis
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A growing chorus
missed the idea of a volunteer military for
Introduction
"placing [the nation's] faith in its own citi-
on behalf of
zenry to rally to its defense when the
conscription is
national security is threatened."6
Throughout the first 90 years of its exis-
being heard.
tence, the federal government relied on vol-
President Nixon, however, who hoped the
unteers to man its regular forces. Militia duty
end of conscription would dampen protests
was compulsory in most states, but the
against the Vietnam War, created the Presi-
requirements were limited (normally short
dent's Commission on the All-Volunteer
terms under community leaders for local
Force (known as the Gates Commission). The
defense) and faded over time.1 Although
commission's report served as the blueprint
for the AVF.7
there is no record of the draft's being dis-
cussed at the Constitutional Convention, the
The draft came to an end in 1973, forcing
concerns voiced by many about standing
the Pentagon, which had for more than 40
armies would have applied even more to a
years relied on coercion to fill its ranks, to
conscript force. Observes historian Jack
convince hundreds of thousands of young
Leach, "It is quite likely that had the dele-
men to volunteer. But low pay and poor
gates at Philadelphia extended the power to
social status for military service created a dif-
`raise and support armies' by adding the
ficult transition, and the armed services suf-
phrase, `by voluntary means, and if neces-
fered from inadequate and low-quality
sary by draft upon the male population,'
recruits, as well as high turnover. Almost
they would have generated insurmountable
immediately after the draft was repealed, its
opposition throughout the country and in
supporters counterattacked, urging a return
the state ratifying conventions."2
to compulsion.
The debate raged for roughly a decade.8
Nevertheless, national conscription was
imposed during the Civil War. It met sub-
Reagan administration policies, particular-
stantial resistance in both the South and
ly better pay and benefits and a renewed
the North.3 An even more comprehensive
respect for military service, dramatically
transformed the AVF.9 By the end of the
draft reappeared in World War I. Not sur-
prisingly, the Supreme Court sustained
1980s, pressure for conscription had dissi-
conscription--it is hard to imagine a Court
pated. Although the Persian Gulf War led to
independent enough not to do so during
scattered calls for a draft, the volunteer mil-
itary's tremendous success quieted critics.10
wartime. However, the practice likely violated
the original constitutional grant of powers
Later worries about young people's declin-
(which authorized Congress to raise an army
ing interest in joining the military also
quickly disappeared.11
and call forth the usually state-conscripted
militia rather than enact a federal draft), as
well as the Thirteenth Amendment's pro-
The Conscription Call
scription of involuntary servitude.4
After both the Civil War and World War
I, conscription disappeared when hostilities
Now, however, a growing chorus on
ended. With war raging in Europe and a
behalf of conscription is being heard. George
potential hegemonic threat in East Asia,
Wilson, former Washington Post military cor-
Congress adopted the first peacetime draft
respondent, argued that "the time has come
in 1940. Conscription then persisted--with
to enact a fair, limited and selective draft to
but a brief 15-month hiatus in 1947 and
fill the billets that a reasonable amount of
1948--until 1973.5 So accepted had the
recruiting cannot fill."12 Writing in the
draft become during the Cold War that in
Richmond Times-Dispatch, Ross Mackenzie
1967 a congressional advisory group, the
suggested the reinstitution of conscription
so-called Clark Commission, rudely dis-
"for better cross-fertilization between civil-
2