With ongoing conflicts around the world, the possibility of being drafted to serve in the military is a concern for many young people. Luckily, in the United States and many other democratic nations, forced conscription is typically only enacted during major wars. However, understanding conscription laws and policies can help you make informed decisions about how to respond if a draft is instituted.
What is conscription?
Conscription, commonly known as “the draft,” is the mandatory enrollment of citizens into military service. It goes by many names, including selective service, national service, compulsory enlistment, and mandatory military service. Whatever it’s called, the premise is the same: citizens can be required by law to join the armed forces, even if they do not wish to serve.
Conscription has a long history, dating back thousands of years. From ancient Rome to Napoleon’s armies, rulers have used forced recruitment to quickly build large militaries for conquest and defense. The modern era of conscription began in the 17th century, when European nations began maintaining standing armies that citizens were obligated to join if called upon.
Today, many democratic countries employ selective conscription systems. A database of young adults eligible for the draft is maintained, but a lottery system determines who will actually be called up if more troops are needed. Other nations require military service from all citizens. Only a handful of countries have eliminated conscription entirely.
Does the United States currently have a draft?
The United States ended conscription in 1973, moving to an all-volunteer military force. Currently, there is no active military draft in the U.S. However, all male citizens and eligible non-citizens are still required to register with the Selective Service System within 30 days of turning 18. This provides a roster of names that could quickly be drawn from if Congress and the President authorized a return to the draft.
Who is required to register for the Selective Service?
- Almost all male U.S. citizens born after January 1, 1960, who are 18 but not yet 26 years old
- Male immigrants who did not enter the U.S. on a student or tourist visa, between the ages of 18 and 25
- Most other male non-citizens residing in the U.S. between 18 and 25
There are some exceptions. Non-citizens who first entered the U.S. on valid student or visitor visas are not required to register. Also exempt are men who are currently serving in the armed forces on active duty, attending a service academy, or are a part of a reserve unit. Some non-citizens may have additional exclusions based on specific visa and immigration statuses.
Are women included in Selective Service registration?
No, Selective Service registration is currently restricted to men only. This gender-based distinction has been challenged on the grounds of discrimination, but upheld by the Supreme Court. However, in recent years Congress has considered bills that would extend registration requirements to women between 18 and 25 as well.
What happens if you don’t register for Selective Service?
Failure to register for the Selective Service by the deadline is illegal. Intentionally declining to register can make you ineligible for opportunities tied to federal programs. You may be unable to:
- Gain U.S. citizenship
- Receive federal student aid, grants, and loans
- Get a federal job
- Obtain a security clearance
If prosecuted, the maximum penalty is up to 5 years in prison and a fine of $250,000. However, no one has been prosecuted for failure to register since 1986. Those who declined to register as an act of conscience or protest have had mixed outcomes in challenging penalties.
Could the draft be reinstated?
The mandatory registration of young adults shows that the Selective Service System is prepared to implement a draft if ordered to do so. All Health care personnel ages 20-47 would also be subject to a special skills draft. However, since the 1970s the U.S. military has remained an all-volunteer force.
Reinstating conscription would require an act of Congress and the President. Unless a major national emergency occurs, there is little appetite within the government or the public to return to a draft. But history shows us that rapid geopolitical shifts can quickly change a nation’s response.
Past drafts in the United States
| Years | Draft | Size of Force |
|---|---|---|
| 1940-1973 | Peacetime draft | 1.5 million |
| 1917-1918 | World War I | 2.8 million |
| 1940-1973 | World War II | 10 million |
| 1948-1973 | Cold War | 1.5 million |
| 1964–1973 | Vietnam War | 1.8 million |
The table above shows the various instances of conscription in the 20th century. The peacetime draft from 1940 to 1973 provided a steady stream of new recruits to supplement enlisted volunteers. The peak war years saw massive mobilizations, with over 10 million serving in World War II. The Vietnam War was the final use of the draft, with protests helping end conscription in favor of an all-volunteer force.
Could a draft be selective?
Modern drafts need not be as sweeping as in major wars like World War II. For example, only certain age ranges or expertise sets could be targeted to fill specific military needs. During the Vietnam War, college students received draft deferments. A new conscription system could prioritize recruiting citizens with skills useful to 21st century cyber warfare, engineering, linguistics, and other specialties through targeted registration requirements.
How to avoid being drafted
If a draft is instituted, there are some lawful steps you can take to reduce your chances of being conscripted or deployed to combat:
Enlist before you are drafted
Signing up voluntarily with the branch of your choice gives you more control. You can select an area that aligns with your skills and may be less likely to see combat.
Apply for Conscientious Objector Status
Those with religious, ethical, or moral objections to military service can apply for an exemption as a Conscientious Objector (CO). Eligibility is decided by a review board based on your conviction and sincerity. If approved, you may be required to serve in a civilian role.
Seeking a deferment
Temporary deferments from service may be granted for reasons like:
- Attending college or vocational training
- Supporting a family in a critical occupation or farm ownership
- Ministerial or religious occupation
- Physical or mental disability
Deferments typically delay rather than cancel your eligibility, however.
Failing your military entrance exams
If you intentionally fail qualification exams, perform poorly during basic training, or otherwise convince the military you do not meet standards, you may avoid conscription. However, feigning mental illness or addiction can lead to real consequences.
Fleeing to another country
Some American men fled to Canada and elsewhere during the Vietnam era to avoid the draft. But leaving your home may be considered desertion, is often illegal, and could permanently bar you from re-entry. Expatriation does not eliminate an existing military obligation.
Conclusion
While mandatory conscription remains unlikely except in extreme circumstances, the possibility cannot be discounted. Maintaining awareness of the policies surrounding any potential draft is prudent. Objecting, delaying, or finding alternatives to combat service may be options when faced with forced recruitment. But failure to follow lawful requirements can have lasting impacts on your rights and benefits as a citizen.