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
Mar 3, 2026 10:24 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
What would John Dewey do about automation?
“If you know the name John Dewey, you may associate him with the decline of American education,”says Winston Brady in this week’s Acton Commentary. “Many believe that the absence of intellectual rigor and the lack of responsibility in schools can be blamed on Dewey, who has been called the ‘father of progressive education.’” It’s easy for conservatives to dismiss someone described as the “father” of anything progressive, but it may be worthwhile to reconsider John Dewey (1859-1952) in light of...
5 Facts about National Freedom Day
In the United States February 1 is National Freedom Day. Here are five facts you should know about the annual observance: 1. National Freedom memorates the date (February 1, 1865) when President Abraham Lincoln signed a joint resolution that proposed the 13th amendment to the United States Constitution. The amendment states that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place...
Unemployment as economic-spiritual indicator — January 2018 report
Series Note: Jobs are one of the most important aspects of a morally functioning economy. They help us serve the needs of our neighbors and lead to human flourishing both for the individual and munities. Conversely, not having a job can adversely affect spiritual and psychological well-being of individuals and families. Because unemployment is a spiritual problem, Christians in America need to understand and be aware of the monthly data on employment. Each month highlight the latest numbers we need...
Religion & Liberty: Growing pains in the romance lands
For our first issue of 2018, the R&L editorial board wanted to put together a very special “green” issue. We traveled across the country and talked to many experts to bring you essays, interviews, reviews and more, focusing on the environment, good stewardship and the importance of property rights. “Marotz-Baden Ranch” by John Couretas For the cover story, Director of Communications John Couretas and I ventured to Bozeman, Montana, and Yellowstone National Park. In “Growing pains in the Romance Lands,”...
Book Review: ‘Courage to Grow, How Acton Academy Turns Learning Upside Down’
Book Review: Courage to Grow, How Acton Academy Turns Learning Upside Down by Laura A. Sandefer I arrived at Amtrak’s Union Station from Kansas City at exactly 6:45 a.m. and stood in line waiting to board the 7:45 train to Grand Rapids, Michigan. I stood behind a rather large Amish family with seven or eight children. They graciously moved over so I could sit beside them on the bench. Over the next half hour, we were informed through several announcements...
The theory that helps explain today’s political divide
Over the past few years, it’s e more and more difficult to understand political alignments. Most people still talk about the left-right political spectrum, but that no longer seems to fit our current political divide. A few decades ago, for example, we could say that those on the right supported free trade while those on the left endorsed protectionism. Nowadays, though, such lines demarcating economic views are blurred. While the left-right metaphor isn’t totally obsolete, it seems to describe a...
4 lessons on Christian vocation in politics from Gov. Bill Haslam
In our explorations of Christian vocation, the faith-and-work movement has been largely successful in reminding us of the meaning and purpose of our work, from parenting in the home to manual labor in the fields to teaching in a school to trading on Wall Street. But amid those discussions, there’s still an area we tend to forget and neglect: politics. Can an institution that wields such power really be seen through the lens of Christian calling? Sure, we may be...
Radio Free Acton: The fight for $15, stock market boom and Oxfam’s 2018 inequality report
On this episode of Radio Free Acton, Caroline Roberts talks to Joe Carter, Senior Editor at Acton, about minimum wage and the debate surrounding the “Fight for $15.” Then on the Econ Quiz segment, Dave Hebert, Professor of Economics at Aquinas College, speaks with John Couretas, Executive Editor and Director of Communications at Acton, about the stock market boom (segment was recorded before the Jan. 30 dip). After that, Caroline talks to Rev. Ben Johnson, Senior Editor at Acton, about...
David Bentley Hart’s new testament to class envy
David Bentley Hart’s idiosyncratic translation of the New Testament has brought new scrutiny to his theological and economic views. Hart has written extensively of his rejection of Augustinian “election” – a view that, according to N.T. Wright, affects his rendering of the Christian Scriptures. However, Hart promotes a nearly Manichean dichotomy between rich and poor. In the pages of First Things, Hart has argued that the New Testament regards wealth – the abundance of creation – as an “intrinsic evil,”...
Merkel makes her move: What will her coalition look like?
Four months after Angela Merkel won a fourth term as chancellor of Germany, her allies have announced they finally expect to form a governing coalition this weekend, which will spare the nation a potential political collapse. At Religion & Liberty Transtatlantic, Mark Royce removes the reader’s uncertainty about this confusing situation, as Merkel’s putatively Christian and free market party prepares to align itself with its more secular, petitor. The two parties have already enacted important economic, environmental, and immigration policies...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved