Our world is on a razor’s edge. We see it in the Middle East, where the exchange of fire between Israel, Iran, and now the United States has turned a shadow war into a direct conflict. We see it in the enduring tensions between nuclear powers like India and Pakistan, and in the instability that ripples across the globe.

While these conflicts may seem distant, they force every American to confront a dormant, uncomfortable, and deeply serious reality: the military draft. For fifty years, America’s wars have been fought exclusively by a professional, all-volunteer force. But the legal and constitutional machinery to compel a new generation of citizens to serve has never been dismantled. It sits quietly in waiting.

This is not alarmism; it is a matter of civic duty to understand the immense power the state holds over its citizens in a time of national crisis. So, what would happen if the unthinkable occurred? Who, exactly, would be called to fight America’s next major war?

The Constitutional Authority: The Power to Raise an Army

The power to implement a military draft is not an implied or debated authority; it is one of the starkest powers granted to the federal government by the Constitution. Article I, Section 8 explicitly gives Congress the power “To raise and support Armies.” The Supreme Court has consistently and decisively interpreted this to include the power to compel military service.

Arguments that the draft constitutes “involuntary servitude” in violation of the Thirteenth Amendment have been repeatedly struck down by the courts. The legal reasoning is that military service is not slavery, but rather a fundamental duty and obligation of citizenship in a republic that must be able to provide for a “common defense.”

This constitutional foundation is unambiguous: in a time of sufficient national crisis, the federal government has the power to draft its citizens into war.

The Machinery of the Draft: How It Would Work Today

The mechanism for a draft is already in place. The Selective Service System, though its mission is often forgotten in peacetime, is not a historical relic. It is an active federal agency. Here is what our current law dictates would happen:

1. Authorization: A national emergency would necessitate a force larger than our all-volunteer military could sustain. The President and Congress would have to pass new legislation to authorize a draft.
2. The Lottery: The Selective Service would conduct a lottery based on birth dates. All eligible individuals born in a specific year (e.g., all 20-year-olds) would be the first to be called. The lottery would proceed year by year, from age 20 up to 25.
3. The Summons: Individuals would be ordered to report for a physical, mental, and moral evaluation.
4. Exemptions and Deferments: Once summoned, an individual could file a claim for an exemption, deferment, or postponement. These are narrowly defined and include certain government officials, theological students, and individuals with extreme family hardship.
5. Conscientious Objection: A person who objects to all war on the basis of deeply held religious or moral beliefs can apply for conscientious objector status. If approved, they would be required to perform alternative, non-combatant service.
6. Induction: Those who are deemed fit for service and do not receive an exemption are inducted into the armed forces. Refusal to comply is a felony offense.

This is the cold, legal reality of the system that is currently on the books.

The Great Unanswered Question: Who Is “Everyone”?

The most significant constitutional question surrounding a future draft is who, exactly, is required to serve.

Currently, only men between the ages of 18 and 25 are required to register with the Selective Service.

But this male-only system rests on legal and constitutional ground that has all but vanished.

In 1981, the Supreme Court upheld the male-only draft in Rostker v. Goldberg. Their reasoning was based on the simple fact that, at the time, women were legally barred from combat roles. Since the primary purpose of the draft was to supply combat troops, the Court ruled that it was not unconstitutional to exclude women.

However, in 2013, the Department of Defense officially lifted the ban on women in combat. Women now serve in all roles in the military, including elite special forces. The entire legal foundation for the Rostker decision has been erased. This creates a profound constitutional dilemma under the Fifth Amendment’s guarantee of equal protection.

Is a male-only draft still constitutional in an era of an integrated fighting force? Most legal experts believe the answer is no. Therefore, any new draft would almost certainly force Congress and the courts to immediately address this question, likely resulting in the registration and conscription of both men and women.

A Duty of Citizenship in a Divided Nation

To contemplate a draft is to contemplate a national crisis of the highest order. Doing so in our current political climate—a nation deeply divided on nearly every issue—is even more sobering. The all-volunteer force has, for fifty years, insulated the majority of the American public from the personal costs of war. A universal draft would shatter that insulation.

It forces us to ask the most fundamental questions of all:

• In a deeply polarized nation, could we find the unity required to support a national draft?
• What does the duty of citizenship mean when the nation itself cannot agree on the purpose of the war it is fighting?
• Is the constitutional power to raise an army absolute, even if the nation is fractured?

We must hope that our leaders have the wisdom to navigate a dangerous world without ever having to answer these questions for real. But hope is not a strategy. Understanding the law and our constitutional duties is.