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 25, 2026 3:16 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
Promises and perils of globalization
Thomas P.M. Barnett has written a good, concise, piece on the consolidation and deepening of globalization, specifically Wal-Mart’s tapping into local producers in developing countries. (HT: Real Clear World) As far as I can tell, there are no Wal-Mart’s in Italy, but having spent the last three weeks at my parents’ home in Flint, Michigan and shopping at places like Wal-Mart and Target, I can clearly see how far behind the curve Italy is. While family-run boutiques and the slow-food...
Rethinking Social Justice
Some years ago, I was engaged in a conversation at a municators convention with a liberal/progressive activist who was having trouble understanding how the market could actually be a force for good. Finally, he defaulted to the question that — to him at least — would settle the matter. “So,” he asked, “does the Acton Institute work for social justice?” My response, of course, was, “You bet we do.” The problem with this brief exchange was that we obviously didn’t...
Recommended: Belloc’s Puzzling Manifesto
Hilaire BellocOver the past five years, many conservatives and religiously-inclined people have been turning to the works of Hilaire Belloc and G.K. Chesterton as part of an effort to rethink the nature of economic life. Both these figures wrote about many other things than economics – and some would say that, for all their insights as Christian apologists, economics was never their strong point. Indeed many of their economic writings were heavily criticized when they were initially published in Britain...
How to Help Haiti
I have to admit that my first few reactions to the news of an earthquake in the Caribbean weren’t especially charitable. I thought first that the scale of the reports had to be exaggerated, that things couldn’t be as bad as the media was breathlessly reporting. Then I wondered how long it would take for the environmental movement to make use of the disaster to advance their agenda. Neither of these reactions are particularly noble on my part, obviously. Blame...
Haitian Suffering and American Compassion
The devastation in Haiti is heartbreaking. For most of us, it is far too easy to be distracted from the tremendous need right now in Haiti because of our own daily circumstances. In many ways I reacted similarly to Jordan Ballor when he confessed he initially thought reports of the earthquake had to be exaggerated. I say that because I was living in Cairo, Egypt when they had a 5.8 earthquake in 1992. The earthquake caused destruction to some buildings...
Haiti: Two Days Later
The Big Picture blog has some remarkable images from the last 48 hours in Haiti (warning: there are disturbing images among the collections). In the wake of the disaster, many are looking back at Haiti’s history to see what has kept this nation in generations of economic despair. As the AP reports: Two years ago, President Rene Preval implored the world mit to long-term solutions for his nation, saying a “paradigm of charity” would not end cycles of poverty and...
WFR Relief for Haiti
If you are looking for a Christian relief organization working in Haiti, let me mend WFR Relief, located in Louisiana. Led by Don Yelton, WFR has a solid track record for passion in times of disaster, having “provided humanitarian aid and disaster relief in 50 countries since 1981.” They distinguished themselves, for instance, in the wake of Hurricane Katrina. An article about Yelton and WFR is here. WFR’s donation page is here. ...
Acton University: Register Today!
A friendly reminder that registration is currently open for the 2010 Acton University (AU), which will take place on June 15-18 in Grand Rapids, Mich. This year’s distinguished international faculty will once again guide participants through an expanded curriculum, offering even greater depth of exploration into the intellectual foundations of a free society. For four days each June in Grand Rapids, the Acton Institute convenes an ecumenical conference of 400 pastors, seminarians, educators, non-profit managers, business people and philanthropists from...
Getting the Lead Out
In this week’s Acton Commentary, “From the Lead Frying Pan into the Toxic Fire,” I examine some of the fallout from the lead paint fiasco of 2007. Last month RC2 Corp. settled the civil penalty for violating a federal lead paint ban. But in the wake of subsequent federal action, I examine two unintended consequences. First, new federal regulations are posing an unsustainable burden on some small businesses, forcing them to make very hard choices about whether to keep their...
Family Economics
It should be obvious that developments within a social institution as fundamental as marriage will have an economic impact. Sorting out cause and effect in such cases is no easy matter, however; the temptation is to draw easy and simplistic connections. A suitably sophisticated es from Fr. John Flynn at Zenit. Flynn reports on a study by the National Marriage Project. Lots of interesting tidbits here, not all of them exclusively related to family issues. Among them: 75% of job...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved