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during the Vietnam conflict many students demonstrated against the war.
many were exempt from thr draft to continue their studies.
MOHAMED ALI refused to be inducted into the army on religious grounds. he was severely delt with. later all charges were dropped. but he lost his title and was not allowed to box for 3 years. the years lost were hid prime and the loss would bein the millions.
Answer:
It is arguable that the draft if unconstitutional, even though the Supreme Court upheld its Constitutionality in Arver v. United States in 1917. In challenging the draft at that time the Thirteenth Amendment was brought into play arguing that the draft or conscription was in direct violation of this Amendment. Yet Chief Justice White rejected such an idea saying:
"[W]e are unable to conceive upon what theory the exaction by government from the citizen of the performance of his supreme and noble duty of contributing to the defense of the rights and honor of the nation as the result of a war declared by the great representative body of the people can be said to be the imposition of involuntary servitude in violation of the prohibitions of the Thirteenth Amendment"
Whether it is true that the Supreme Court was "unable to conceive upon what theory the exaction by government" to conscript people to fight and die in wars, the theory behind the Thirteenth Amendment prohibiting an act is sound. Since conscription into military service, whether it be wartime or not, requires subjection to military command then this is the obvious theory behind using the Thirteenth Amendment to challenge the validity of conscription by the United States federal, state or local governments. Soldiers who volunteer for military service, especially those who fight and die in wars fought by the United States are noble, honorable and heroic. That they are does not excuse the idea that the government can whenever it wants demand those who would not otherwise volunteer "join" the military to be subjected to military command.
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