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 3, 2026 10:35 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
The Return of Intercollegiate Review
The Intercollegiate Studies Institute (ISI) recently relaunched their flagship publication, Intercollegiate Review, and added a brand new daily website, . As panion site to the decades-old magazine, the online daily will mainly serve undergraduate readers interested in learning more about the principles of conservatism. Here are some of the featured stories you should check out: ·The Five Lamest Core Courses in America: In lieu of a solid core curriculum, what courses do students take at elite schools in America to...
When Little Government Foxes Spoil the Vines of Business and Ministry
Joe Carter has done a marvelous jobofoutlining the details surrounding the Obama administration’s abortion/contraceptive mandate. In a recent cover story for WORLD Magazine, these details are brought to life through a series of snapshots of real businesses and non-profits facing a real choice to either violate their Christian consciences or e economic martyrs. Thus far, Hobby Lobby has received much of the national spotlight—due in part to their visibility in the marketplace and corresponding outspokenness. In the WORLD article, we...
Faith and Football: Patriots’ Zoltan Mesko
New England Patriots’ punter Zoltan Mesko is undoubtedly upset that his team didn’t make it to the Super Bowl again this year, but it’s hardly the toughest ordeal of his life. As Romanian refugees, Mesko’s family endured Communist oppression, deprivation and violent revolution. Mesko, who holds an M.A. from the University of Michigan, shared his family’s experience and how faith plays a role in his life in an interview with the National Catholic Register. When asked if he found it...
Audio: Samuel Gregg Discusses ‘Becoming Europe’ on the Jack Riccardi Show
Recently Samuel Gregg talked with Jack Riccardi from KTSA 550 San Antonio about Gregg’s new book ing Europe. Listen to the entire interview here: [audio: Theodore Dalrymple also recently reviewed ing Europe on the Library of Law and Liberty’s Liberty Law Blog. He said: In this well-written book, Samuel Gregg explains what can only be called the dialectical relationship between the interests of the European political class and the economic beliefs and wishes of the population as a whole. The...
The FAQs: Obamacare’s Contraceptive-Abortifacient Mandate
On Friday the Obama administration proposed a rule that it says will appease the concerns religious organizations have about the controversial abortion/contraceptive mandate issued last year by the Department of Health and Human Services. Here’s what you should know about the mandate and the proposed changes. What is this contraception mandate everyone keeps talking about? As part of the universal health insurance reform passed in 2010 (often referred to as “Obamacare”), all group health plans must now provide—at no cost...
No Race Bias In The Sciences
Ge Wang, adjunct professor of biomedical engineering at the Virginia Tech/Wake Forest University School of Biomedical Engineering and Sciences, and seven of his colleagues published a study refuting early claims that affirmative actions should be taken to protect against racial discrimination when grants are dispersed. The discussions about research grants and race escalated when a 2011 issue of Science magazine reported “that Asians were four percentage points and black or African American applicants 13 percentage points ‘less likely to receive...
Belief Without Action: Becoming a Shell of Who You Are
“The Constitution protects your right to believe and worship, not force your beliefs on others.” That’s a response Acton received via Twitter regarding a blog post on the HHS Mandate. This type of statement is a typical one in our society: you can believe whatever you want, but don’t force your beliefs on anyone else. Religious belief and worship should be a wholly private affair; bringing your beliefs into the public square constitutes “forcing” them onto others. In the latest...
Video: The Sirico-Winters Debate on Government’s Role in Helping Poor
On Monday, Jan. 28, The Aquinas Institute for Catholic Thought in Boulder, Colo., hosted its Sixth Annual Great Debate which addressed the question, “Can the free market adequately care for the poor?” Acton President and co-founder Rev. Robert A. Siricoargued for the side of the free market, debating Michael Sean Winters, a writer for National Catholic Reporter. Watch the entire debate here: Can the Free Market Adequately Care for the Poor? from Aquinas Institute on Vimeo. ...
The Moral Case for Conservatism
Lee Habeeb and Mike Leven explain why it’s essential to make the moral case for conservatism: If there is a single reason why conservatives continue to lose the battle of ideas, it’s because we don’t make the moral case for freedom and free markets. Our political class instead makes the economic case for our philosophy. Our smart guys are so impressed with their own intelligence, they think we can win the debate using numbers and data, charts and graphs, and...
Christians in the New Industrial Economy
The Acton Institute recently partnered with the Christian History Institute to produce the latest issue of Christian History magazine. The issue (which you can download as a free PDF) examines the impact of automation on Europe and America and the varying responses of the church to the problems that developed. Topics examined are mission work, the rise of the Social Gospel, the impact of papal pronouncements, the Methodist phenomenon, Christian capitalists, attempts munal living and much more. Check out these...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved