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
Aug 13, 2026 2:42 AM

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
2006 in Review, 4th Quarter
Our 2006 year in review series concludes with the fourth quarter: October “Do You See More than Just a ‘Carbon Footprint’?” Jordan J. Ballor It’s a fair question to ask, I think, of those who are a part of the radical environmentalist/population control political lobby. It’s also a note of caution to fellow Christians who want to build bridges with those folks…there is plex of interrelated policies that are logically consistent once you assume the tenets of secular environmentalism…. November...
Poor Kids in America are Fat
A new study finds that children growing up in poverty in America are disproportionately more likely to be pared to other e groups (HT: God’s Politics). So, poor kids in the US are fat…and in this they are just like the rest of America: “The whole country is struggling with this,” said Virginia Chomitz , senior scientist at the Institute for Community Health at the Cambridge Health Alliance . “There’s a lot of factors in our environment and our lifestyle...
Movie Review: An Inconvenient Truth
Several weeks ago now I was offered a review copy of Gore’s Inconvenient Truth. After watching it on a cross-country flight in November I elected to let Gore’s expos’e sink in a bit before I pasted my thoughts more or less permanently on the web. Thanks in advance to Rachel Guthermann of Special Ops Media for being patient with me on posting the review. It’s probably fitting to end the year with a nod to this influential movie; it’s pelling...
Resolved
‘Tis the season for making resolutions. Today’s Zondervan>To The Point newsletter focuses on a variety of Christian resolutions, and includes a link to a piece from Leadership Journal on Jonathan Edwards’ resolutions (related blog piece here). One of my favorites: “Resolved, To be endeavoring to find out fit objects of charity and liberality.” Here’s a good place to start doing that. ...
Images of plenty and want
The conflicting images I spoke about last week, the obesity of poor children in America, are the subject of a weekend piece in the NYT, “India Prosperity Creates Paradox; Many Children Are Fat, Even More Are Famished.” Of course, in India these aren’t the same kids: by and large the poor ones aren’t the fat ones. Someni Sengupta writes, “In short, while new money and new foods transform the eating habits of some of India’s youngest citizens, gnawing destitution continues...
The outsourced knight
James Dyson, inventor of the world’s most exciting bagless vacuum cleaner, will receive a knighthood. Speaking of pany, the BBC reports: Today, pany has about 1,400 staff in the UK, with about 4,000 others working in production plants in Malaysia and China. Despite his successes, Mr Dyson has been criticised for his decision to ship so many production jobs abroad. Paul Kenny, general secretary of the GMB said: “Do people now get a knighthood for services to exporting jobs?” By...
Wal-Mart environmentalism
“The environment is begging for the Wal-Mart business model,” says H. Lee Scott Jr., CEO of Wal-Mart Stores in a NYT article, “Power-Sipping Bulbs Get Backing From Wal-Mart.” The piece discusses Wal-Mart’s campaign to increase the sales pact fluorescent bulbs, pared to traditional incandescent bulbs. As Michael Barbaro writes, pact fluorescent has clear advantages over the widely used incandescent light — it uses 75 percent less electricity, lasts 10 times longer, produces 450 pounds fewer greenhouse gases from power plants...
2007
To all of our faithful Powerblog readers, I’d like to take this opportunity to wish you a happy, prosperous, and blessed new year! (And while I’m at it, I claim for myself the mantle of “First Poster of 2007,” which I believe should entitle me to some sort of cash prize…) ...
Merry Christmas(*)
I have just returned from a week of holiday rest, and began tackling my 250 lb. email inbox. Flipping through a number of Christmas greetings and Fruitcake (Xmas spam), I came across a quick message from a dear friend, an email of the sort where the message is in the subject line, and the text is left empty (save mon signatures or disclaimers). My friend is a lawyer, I respect him very much, but I had to laugh at how...
Who Really Cares for the Poor?
Syracuse University professor Arthur Brooks challenges perceived mainstream social orthodoxy in his new book, Who Really Cares: America’s Charity Divide – Who Gives, Who Doesn’t and Why It Matters. For generations it has been assumed that political and social liberals are generous towards the poor while conservatives are proverbial tightwads. At least since the days of Charles Dickens’ Scrooge this has been the popular view. Liberals continually remind us that they are the ones who really care about welfare since...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved