Home
/
RELIGION & LIBERTY ONLINE
/
The male-only military draft may be unconstitutional, but conscription itself is immoral
The male-only military draft may be unconstitutional, but conscription itself is immoral
Jun 6, 2026 11:18 PM

In 1981 the U.S. Supreme Court ruled that women could be exempt from the military draft since they were excluded bat duty. But in 2015 Defense Secretary Ash Carter announced he would lift the military’s ban on women serving bat, a move that allowed hundreds of thousands of women to serve in front-line positions during wartime. The next year the top officers in the Army and Marine Corps followed that policy to its logical conclusion and told Congress that it was time for women to register for future military drafts.

On Friday,U.S. District Judge Gray Miller applied the inevitable legal reasoning in saying that a law requiring men but not women to register for it the military draft is unconstitutional.“If there ever was a time to discuss ‘the place of women in the Armed Services,’ that time has passed,” wrote Judge Miller in his ruling.

The judge is partially right.If we are going to have a military draft and women are eligible bat (an idea I vehemently oppose), then it’s only fair that women be forced to serve alongside men. But rather than follow this bizarre standard of “equality” to its natural conclusion, we should instead recognize it’stime we abolish the idea of military conscription altogether.

The U.S. Constitution requires Congress to ‘raise and support Armies” in order to ‘provide for mon defense.” What it doesn’t specify, however, is how the military should be ‘raised.” There are, in fact, only three options available: all-volunteer, forced conscription, or bination of the two. Currently, our military is an all-volunteer force, a model that has proven not only to be the most effective but which is also the most moral.

We have an all-volunteer military largelybecause of free market economist Milton Friedman. At the height of the Vietnam War, mander Gen. William Westmoreland testified before the President’s Commission on an All-Volunteer Force, mission that was exploring the feasibility of ending the military draft. AsNewsdayreported,

Staunchly opposed to an all-volunteer military, which must pay its soldiers market wages, Gen. Westmoreland proclaimed that he did not want mand “an army of mercenaries.” One of mission members immediately shot back with a question: “General, would you mand an army of slaves?

Friedman based his arguments primarily on the need for freedom in human flourishing. But he also noted itseffects on the lower classes:

A by-product of freedom to serve would be avoidance of the present arbitrary discrimination among different groups. A large faction of the poor are rejected on physical or mental grounds. The relatively well-to-do used to be in an especially good position to take advantage of the possibilities of deferment offered by continuing their schooling. Hence the draft bears disproportionately on the upper lower classes and the lower middle classes. The fraction of high-school graduates who serve is vastly higher than of either those who have gone to college or those who dropped out before finishing high school.

Some people, however, agree with Friedman and yet still believe an all-volunteer force is less moral than conscription—and for much the same reason he opposed it. They would argue that people on the lower rungs of the socio-economic ladder are more likely to be attracted to military service, while the upper classes have more options available to them and would therefore have less incentive to join.

We can call this the “burden model” since it implies that the burden of military service is disproportionately shared by the lower economic groups.

There are two problems I have with this burden model of military service. The first is the way it reduces service to one’s country to a matter of economics: those with fewer choices for jobs or education are more likely to enlist, while those who have money have more options to choose from will avoid military service. Under this view, the military is attractive to those with limited opportunities while those with a broader range of selections will find it significantly less alluring.

A primary flaw in this claim is that it is not true. Most members of the e from middle-class neighborhoods. But even if it were true that the poor made up the bulk of the military, the unequal representation of the socio-economic classes would not be inherently immoral. I myself was on the borderline between poor and lower middle class when I joined the Marines in 1988. But economic advancement was not the reason I joined, or why I stayed in for 15 years. Nor was it the reason most people I knew joined the military.

But even if it were true that most people joined for economic reasons I would still reject the burden model since it implies that thesystemis immoral when it isthe peoplemaking the choice who are morally flawed.

Whichbrings me to the second problem with the model. It concludes that since military service is a burden, moral considerations require that the load be shared as equally as possible. Again, I must point out that this view is not inherently wrong. But where I think the flaw in reasoning lies is that it puts the focus on theethical choicerather theethical chooser.

The ‘burden” of military service is akin to that of a person who chooses to adopt a child. While choosing to e a mother or father has obvious economic consequences, few people see that as the sole reason for adopting an unwanted or abandoned child. Before they are adopted, orphans are cared for by the state and are, therefore, the collective responsibility of all citizens. But when someone steps forward and agrees to take the child into their home, the burden of responsibility shifts mainly onto the shoulders of the new parent. Although the state may still have some obligations, the parent assumes the primary childcare duties.

We do not, however, consider the system to be immoral because the state does not force people to take in orphans. Instead, we allow people with the requisite virtues passion, self-sacrifice) to freely and willingly choose to take this ‘burden” upon themselves.

The same holds true for those who serve in the military. Currently, our nation does not and should not force the obligation of national defense on those who do not willing choose to take it upon themselves. Instead, we allow those who possess certain moral virtues (courage, mitment) to heed the call of duty.

Not all who serve, of course, do so for the purest of motives. There is no shortage of “scholarship mercenaries” who joined only to gain money for college or as a means of improving their post-military vocational options. But these people, no matter how large their number, are not the heart and soul of our military. The core prised of men and women who truly love their country. They love the people and the ideals for which our nation stands so much they are willing to sacrifice and bear any burden in order to ensure its survival.

As a Christian I believe that since no one meets the standards of goodness set by God, no one should be excessively proud of their virtue. Compared to the ultimate standard, even the greatest of saints falls short. But this view should not be mistaken as an endorsement of moral egalitarianism. All men are created equal and should be afforded the same human rights, but not all men are equally virtuous. The cost of liberty is not paid by everyone equally; it is a debt assumed by a select few.

If Americans truly value freedom as much as they claim, then the military should be more difficult to get into than any Ivy-league school. The ‘elite” would be lined up around the block, letters of mendation in hand, hoping to enlist and serve in the greatest military in the history of the world. But in our nation, our standards for what is considered elite is based not on virtues such as courage, duty, and self-sacrifice, but rather on money, power, and education.

That is why the draft is neither necessary nor desirable. Conscription may be necessary to force the wealthy and privileged to share the ‘burden” of duty. But conscription has never been needed to attract the virtuous. If the United States ever reaches the point where conscription is truly necessary, if we get to a stage when we no longerproduce enough men and women to heed the call to defend our country, then we will no longer have a country worth defending.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Alejandro Chafuen in Forbes: Is Sweden’s a model response to COVID-19?
This week, Alejandro Chafuen – the Acton Institute’s Managing Director, International – reflects in Forbes about parisons between Sweden’s response to the COVID-19 pandemic and that of other countries. Sweden has been held up as a model by those who favor less exacting responses to the coronavirus and condemned by those who advocate for more severe measures. parison and data suggest that it is too early to hand down a judgment one way or the other, and his verdict is...
New issue of Journal of Markets & Morality (Vol. 23, No. 1) released
After some delay due to the COVID-19 pandemic, the newest issue of the Journal of Markets & Morality is live on our website here. Print issues should be in the mail to subscribers sometime in the next few weeks. This issue marks the final issue for executive editor and longtime Acton research fellow Dr. Kevin Schmiesing. In his editorial to the issue, he highlights the perennial difficulty plex and important ideas: Spoken or written language is of course the medium...
Donald Trump, TikTok, and the social contract
While TikTok will continue to be available in the U.S. due to a deal between ByteDance, Oracle, and Walmart, President Donald Trump has returned to his talking points about a payment from TikTok’s parent, ByteDance, to the U.S. Treasury. Most recently he said that ByteDance will “be making about a $5 billion contribution toward education.” While it is important to have a realistic policy towards China, forcing businesses to make special contributions in exchange for approving major deals would be...
High Court, high stakes: Replacing Ruth Bader Ginsburg
It is extremely mon for me to read anything published by Glamour. In 2018, however, a first-person profile by Clara Spera caught my attention. Spera, a Harvard-trained attorney, shared with readers a personal portrait of her grandmother, the late Justice Ruth Bader Ginsburg. Over the course of the last several months as Justice Ginsburg’s health began to fade more rapidly, and then again last week when news of her death was announced, I remembered this article and the humane sincerity...
Acton Institute names Gregory M. Collins of Yale University the 2020 Novak Award winner
In recognition of Gregory M. Collins’ outstanding research in the fields of ethics, politics and economics, the Acton Institute will be awarding him the 2020 Novak Award. Gregory M. Collins is a postdoctoral associate and lecturer in the program on ethics, politics, and economics at Yale University. His book on Edmund Burke’s economic thought,Commerce and Manners in Edmund Burke’s Political Economy, was published by Cambridge University Press in 2020 and has already garnered significant attention inside and outside the munity....
‘A different kind of lawyer’: Amy Coney Barrett on Christian vocation
Given the recent passing of Supreme Court Justice Ruth Bader Ginsburg, public conversation has swirled with speculation about President Donald Trump’s list of potential replacements. Leading the pack is Judge Amy Coney Barrett, a circuit judge and former Notre Dame law professor, who has attracted significant heat from progressives due to her devout Catholicism, pro-life beliefs, and fondness for originalism. Beginning with Sen. Diane Feinstein’s concern that Barrett’s Roman Catholic “dogma lives loudly within her” – expressed during her confirmation...
Explainer: Is there enough time to confirm a Supreme Court nominee before the election?
The prospect of appointing a Supreme Court justice so close to a presidential election has roiled political discourse. Is such a move unprecedented? Is it even possible? Here are the facts you need to know. Background Supreme Court Justice Ruth Bader Ginsburg died on September 18, just 46 days before the presidential election on November 3. President Donald Trump has said he will fill the vacancy, “most likely” with a female, naming his nominee at a press conference on Saturday...
A victory on Rosh Hashanah
Why is tonight different from all other nights? Because if you live in Los Angeles, you could face legal repercussions for celebrating the Jewish High Holy Days with family and friends. The Los Angeles County Department of Public Health ordered the public not to gather with anyone outside their immediate family to celebrate the Judaism’s holiest celebrations. But after the legal intervention of a religious liberty watchdog, county officials backed down from the most rigid forms of enforcement. “The following...
Acton Line podcast: Will-to-power conservatism with Stephanie Slade
With fusionism – the strategic alliance of conservative foreign policy hawks, social conservatives and economic libertarians knitted together in the last half of the 20th century in opposition to munism – crumbling after the fall of the Iron Curtain, the modern conservative movement has been remaking itself in effort to address the problems of the current day. One of these seemingly ascendant factions are the mon good conservatives. In an article in the October 2020 edition of Reason magazine, managing...
Ruth Bader Ginsburg, RIP
Supreme Court Justice Ruth Bader Ginsburg passed away on the evening of Friday, September 18, 2020, at the age of 87. She died following her fifth bout with cancer, which had metastasized to her pancreas. She is preceded in death by her husband, Martin, and is survived by two children and four grandchildren. Ginsburg, the second woman appointed to the U.S. Supreme Court, earned her reputation at its most fervent judicial activist during her 27 years on the court. At...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved