Showing posts with label 13th Amendment. Show all posts
Showing posts with label 13th Amendment. Show all posts

Tuesday, January 6, 2009

The Draft, and the 13th Amendment

After arguing for a long time over the draft, I've come to the side that the draft is not only a civil rights disaster, but is probably unconstitutional. I cite Amendment 13 of the US Constitution:


"Amendment XIII

Section 1. 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 subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation. "

The "nor involuntary servitude... shall exist within the United States," seems a pretty damn clear violation of this amendment to me, unless you're one of those crazy feminists that think all men over 18 are definitionally rapists (thus allowing the draft under the punishment clause, in this case for being a man).

And there are still a whole lot of Vietnam Vets, drafted, that are missing legs, that suffer PTSD, that are otherwise miserable and traumatized. I have begun to wonder how they might fare in a class-action lawsuit against the United States of America on the grounds of forcible violation of their 13th amendment rights. In fact, I'm starting to wonder: why the hell haven't they sued the US yet? Or have they, and some court decided that "well, the draft really isn't involuntary servitude, it's more of an involuntary shipping you off to the jungle to get shot?" Any lawyers around, please comment--I'm very curious.