Frequently Asked Questions (FAQs)

According to the Find Law website [http://supreme.lp.findlaw.com/constitution/amendment13/03.html] regarding the U.S. Constitution: Thirteenth Amendment [http://supreme.lp.findlaw.com/constitution/amendment13/03.html] and the draft, their response follows:

Situations in Which the Thirteenth Amendment Is Inapplicable

In a wide range of situations the Thirteenth Amendment has been unsuccessfully pressed into service. Thus, under a rubric of ''services which have from time immemorial been treated as exceptional,'' the Court held that contracts of seamen, involving to a certain extent the surrender of personal liberty, may be enforced without regard to the Amendment. Similarly, enforcement of those duties which individuals owe the government, such as service in the military and on juries, is not covered. A state law requiring every able-bodied man within its jurisdiction to labor for a reason able time on public roads near his residence without direct compensation was sustained. A Thirteenth Amendment challenge to conscription for military service was summarily rejected.

The Court's analysis, in full, of the Thirteenth Amendment issue raised by a compulsory military draft was the following: ''As we are unable to conceive upon what theory the exaction by government from the citizen of the performance of his supreme and noble duty of contributing to the defense of the rights and honor of the nation, as the result of a war declared by the great representative body of the people, can be said to be the imposition of involuntary servitude in violation of the prohibitions of the Thirteenth Amendment, we are constrained to the conclusion that the contention to that effect is refuted by its mere statement.'' Id. at 390. While the Supreme Court has never squarely held that conscription need not be premised on a declaration of war, indications are that the power is not constrained by the need for a formal declaration of war by ''the great representative body of the people.'' During the Vietnam War (an undeclared war) the Court, upholding a conviction for burning a draft card, declared that the power to classify and conscript manpower for military service was ''beyond question.'' United States v. O'Brien, 391 U.S. 367, 377 (1968). See also United States v. Holmes, 387 F.2d 781, 784 (7th Cir. 1968) (''the power of Congress to raise armies and to take effective measures to preserve their efficiency, is not limited by either the Thirteenth Amendment or the absence of a military emergency''), cert. denied 391 U.S. 956.

The last men drafted in the United States were inducted in 1973, and in April of 1975, registration for the Selective Service was abolished. Registration was reinstated by President Carter in July 1980 as a response to the Soviet invasion of Afghanistan.

All men ages 18 through 25 are required to register with the Selective Service and to keep their registrations up to date. This includes not only natural citizens and those who become citizens before their 26th birthday, but also permanent resident aliens, special agricultural workers in the United States on immigration forms I-688 or I-688A, aliens who have refugee, parolee or asylum status, and even undocumented (illegal) aliens. Lawful non-immigrants on visas (such as diplomatic and consular personnel and families, foreign students, tourists with unexpired visas forms I-94 or I-94A or those with Border Crossing Documents forms I-185, I-186 or I-144) are not required to register, nor are women. Being mentally or physically handicapped is not automatically an exception: If you are able to function in public with or without assistance, you must register if you are otherwise required to register. (See http://www.sss.gov/must.htm for full information.) Registration forms are available in any United States Post Office and at most U. S. high schools.

Failure to register can result in a fine of up to $250,000 and a felony conviction with up to five years in prison. Proof of registration is required to obtain federal student aid, job training benefits and most federal employment. (See http://www.sss.gov/FSbenefits.htm for full information.) Many states have laws making registration with the Selective Service a requirement for similar state programs and jobs.

Although there has not been an active draft in the United States since 1973, Congress almost always has bills for the reactivation of mandatory military service.

One such bill, the Universal National Service Act of 2003, was introduced on January 7, 2003 to the Senate as S. 89 and to the House as H.R. 163. This act would require every citizen and “every other person residing in the United States” between the ages of 18 and 26 to serve a two year period of national service, either in the Armed Forces or “in a civilian capacity that... promotes the national defense, including national or community service and homeland security.” This law also lifts the exclusion of women from the draft.

This bill was proposed by leading Congressional liberals. Their stated intent was to invigorate opposition to the President’s drive to war by reviving opposition to a mandatory draft. Even so, some conservatives have voiced their intent to pass this bill and get it signed in to law.

For a full copy of this bill, visit http://www.theorator.com/bills108/hr163.html. H.R. 163 has not been passed by Congress.

You're someone who has no intention of ever being part of the military; you've ignored the recruiters, despite repeated phone calls and subtle pressure from school guidance counselors. Why, you may ask, should you then register -- and put your name in line for a future, massive military action?

• You're violating the law, although you're not likely to be prosecuted.

One reason, of course, is that it's the law. Failure to register is a federal offense: if prosecuted and convicted, you could face up to five years' imprisonment and a $250,000 fine. (Actual published sentencing guidelines are much less). If you refuse to register with Selective Service, you'll receive threatening letters, at first politely reminding you to register, then threatening prosecution, finally informing you that your name has been turned over to the Department of Justice for possible prosecution. These sound scary, but they're mostly bluff. No one has actually been formally charged since 1986.

In the early 1980s, 21 young men were indicted for refusal to register: 19 of those 21 were public resisters. Wherever there were trials, the rates of registration actually went down. This resistance halted prosecutions.

• You become ineligible for federal aid.

Since prosecutions didn't work, the same "patriotic" politicians that keep Selective Service in business came up with more insidious ways to ensure compliance. If you don't register, you become ineligible for federal student aid, federal job training or civil service employment (anywhere from the Post Office to the Park Service). In some states you can't get state aid or even, as in Colorado, attend state colleges. Check out the Selective Service System's listing of state restrictions for more detail.

However, many states do offer state aid regardless of registration status. Some college financial aid officers will help you seek alternative aid; sometimes, the school itself will have a special fund for such cases.

• Some resist by waiting until they're older.

Legally, at any moment until your twenty-sixth birthday, Selective Service must accept your draft registration card. Some young men delay registration until the year in which they turn 21 (at which point the chances of being drafted are extremely slim), or even until just before turning 26. Once registered, you're once again eligible for federal assistance. (Since delayed registration is also illegal, this approach is a form of draft resistance.)

On the other hand, if you don't register before you turn 26, you will not be allowed to register, even if you change your mind. You'd then be permanently barred from such benefits, unless Congress or the courts act to change the law, which is unlikely.

Visit the U.S. Selective Service website for the most current information.

A conscientious objector is someone whose core values include a prohibition against taking a human life and who, as a result, refuses to take up arms. In the past, two types of conscientious objectors have been recognized: those who object to taking an active part in any war (1-O), and those who refuse to take another human life but are still willing to serve in the military (1-A-O).

According to the U.S. Selective Service website, "a conscientious objector is one who is opposed to serving in the armed forces and/or bearing arms on the grounds of moral or religious principles."

They also define the classifications as:

1-O Conscientious Objector - conscientiously opposed to both types (combatant and non-combatant) of military training and service - fulfills his service obligation as a civilian alternative service worker.

1-A-O Conscientious Objector - conscientiously opposed to training and military service requiring the use of arms - fulfills his service obligation in a noncombatant position within the military.

In the 1965 case United States v. Seeger 380 U. S. 163 (1965), a unanimous Supreme Court ruled that the expression “religious training and belief” includes any belief which occupies the same place or role in your life as the belief of a Supreme Being does in the life of a believer. Five years later, the Supreme Court ruled that the religious requirement could not be limited to religiously based beliefs only, as this was a violation of the Establishment Clause of the First Amendment. As a result, objections based on moral or ethical beliefs had to be given equal weight as religious beliefs (Welsh v. United States 398 U.S. 333 [1970]).

The upshot is that agnostics, atheists, secular humanists and other nonbelievers can apply for and be classified as conscientious objectors, so long as their objections are based on a core value. The refusal by a local draft board to grant such status because it is not religiously based is a violation of the law and can be appealed.

No. CO status is based on core values, not political beliefs.

No. In the case of Gillette v. United States 401 U.S. 437 (1971), the Supreme Court ruled that the beliefs which shape the desire for CO status must include opposition to all wars and may not be selective.

In the past, the United States has permitted several ways to avoid the draft. People who were unfit for duty because of mental or physical impairment would be rejected. Also, men could claim exemption if they were the sole means of support for their parents.

In the past, there were also ways to postpone getting drafted. Full-time students, for example, were allowed to defer to the end of their studies (later in the Vietnam War, this deferment was changed to expire at the end of the current academic quarter/semester.)

For the most current information on available deferments, visit the U.S. Selective Service's Classification page.

Yes. Over the last 20 years, the U.S. military has routinely suspended all expulsions on the grounds of homosexuality during times of conflict. With growing pressure on the government to permit gay men and women to serve openly and honorably, there is no guarantee that homosexuality will continue to be an automatic exemption from military service. But 'don't ask, don't tell' is still the present day rule. So if you're gay and are willing to be open about it, and can prove that you have a 'gay history', then make a point of "telling."

It is unfortunate that this attitude continues, as a great many conscientious objectors have proven themselves on the field of battle.

It has been estimated that as many as 20 percent of all combat medics during and since World War I were conscientious objectors. Two CO medics even received the Congressional Medal of Honor for bravery, Desmond Doss and Thomas Bennett. During the battle of the Maeda Escarpment on Okinawa in World War II, Doss defied an order to retreat and take cover, single-handedly saving 75 lives by pulling wounded comrades to safety despite injuries to himself; many other men owed their lives to his courage under fire. On February 11, 1969, Bennett was killed by enemy fire while trying to retrieve a wounded man near Pleiku, South Vietnam. Many other CO medics have received lesser recognitions: the Purple Heart (for being wounded in combat), the Silver Star (for gallantry in action under enemy fire) and the Bronze Star (for heroic or meritorious service in connection with military action against an enemy).

In the past, there have been two types of conscientious objectors: those who refuse to train in arms but are willing to serve in noncombatant roles, and those who refuse any form of military service. During the Vietnam War, those in the first category were given a classification of 1-A-O and were usually trained as medical corpsmen. Those who refused to serve in any military capacity were given the classification of 1-O and served an equivalent two-year term of service in a civilian capacity. In either case, COs still served out a period of national service. Upon discharge, 1-A-O conscientious objectors were entitled to receive the same veteran benefits given all other conscripts. In 1974, the Supreme Court ruled that 1-O COs were not entitled to receive these benefits because their personal sacrifices were not similar to the sacrifices made by those who served in the military as noncombatants. (Johnson v. Robison 415 U. S. 361 [1974]).

It will not be enough to just appear before your draft board and say, “War is wrong.” After all, if a person wanted to serve, he would have enlisted as a voluntary recruit; therefore there is the assumption that everyone who appears before a draft board will do whatever he can to avoid conscription. Also remember that the board is under strong pressure to fill their quota regardless of your personal beliefs.

To document your desire for CO status, you must start early. Get some pocket folders, the kind often used for holding school papers. Make duplicates of everything you do or write that might show a core value against war or the taking of human life and keep at least two identical portfolios; it has happened in the past that a draft board has requested one's documentation and then misplaced it, costing them their exemption. Also remember that you will likely have a very limited amount of time to file your claim and have it granted before you are required by federal law to report to an induction center. Foot dragging on the part of the draft board has never been allowed as an excuse for failure to report.

We recommend taking the following actions:

• Fill out a draft registration form and, in the space designated for a second address, print in block letters, “I oppose war in all forms.” Get a notarized copy of this form (which will give it an official date) for each of your folders, then mail the form. Although the forms themselves are copied to a database then destroyed and not filed or filmed as they once were, this will help to document your opposition to armed service from the very start. Please refer to our Selective Service Registration Choices page for details.

• Obtain dated letters (notarized, if possible) from friends, teachers and religious leaders attesting to your opposition to war.

• Write a brief essay -- two or three pages -- outlining your religious and/or philosophical opposition to war. Discuss it with teachers and religious leaders to make sure that grammar and spelling are correct and that the essay expresses your beliefs clearly and concisely. Then put it aside for a week and go over it again. When you are satisfied, get notarized copies for your folders. You could mail a copy of such an essay to the central office of your religious congregation or denomination (or to equivalent institutions such as the American Atheist Association and the American Humanist Association) who will stamp it with the date received and file it for you. Check with your clergy, or these organizations to be certain.

• Write similar essays for school writing projects. Keep copies.

• Write letters to the editor and articles for your school or local newspaper. Keep copies of all such writings; replace the copies with newspaper clippings showing the name of the paper and date of publication if they get printed.

• Participate in peace activities. At the very least, keep a journal of every peace march, rally, protest, etc. that you attend. Note the time, date, key events and your reflections of each event. Provide a photocopy of the entire journal, not the original, should you need to use your folder for a draft board hearing.

• Make copies of quotes, speeches, and newspaper and magazine articles (with the publication’s name and date of issue). With each one, write a few paragraphs explaining how it reflects or does not reflect your views.

Additional actions to support your CO case file:

• Set up a website expressing your views. This can be as simple as a web version of your essay published on a free server such as Geocities/Yahoo, or a more complete site. It could be expected that the more content that's presented, the more of it that's original, and the the better organized it all is, the better it will considered by a draft board. Be certain to include not only the URL in your portfolio but hard copies of any material you write for the site.

• Post to the Usenet (Internet newsgroups) on the matter of forced military service, the draft (or possible draft), and your opposition to war. There are a number of web bots that archive the Usenet, with the groups search of Google.com (formerly DejaNews) probably being the best known. Consistently post using the same email address and handle. Prepare a document for your portfolios listing this name and email address, along with directions on how to look up your posts from a Usenet archive. You may also want to list the subject headings of posts you feel express your views particularly well, or provide printouts of the posts themselves.

• Register on as many CO registries as you can. Keep a record of your multiple registrations in your folder.

If a draft is instituted, a Selective Service Local Board, also known as a draft board, will be convened to review your application and claim for CO status (U.S. Selective Service Form 22).

A Selective Service Local Board is a group of five citizen volunteers whose mission, upon a draft, will be to decide who among the registrants in their community will receive deferments, postponements, or exemption from military service based on the individual registrant's circumstances and beliefs. For more information, visit the U.S. Selective Service's page on Local Boards.

Learn who serves on your Selective Service Local (Draft) Board. Find out where they stand in regard to conscientious objection. Consider applying online with the U.S. Selective Service to become a member of your local board.