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Selective Service System
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The Selective Service System serves at least two purposes. It is the means by which the United States administers military conscription. It entails registering all males between the ages of 18 to 25 with the system for the purpose of having information available about potential soldiers in the event of war. Registration for Selective Service is also required by certain U.S. departments, before one's application for employment may be considered.
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The Selective Service System serves at least two purposes. It is the means by which the United States administers military conscription. It entails registering all males between the ages of 18 to 25 with the system for the purpose of having information available about potential soldiers in the event of war. Registration for Selective Service is also required by certain U.S. departments, before one's application for employment may be considered.
History
The Selective Service Act of 1917 (40 Stat. 76) was passed by the Congress of the United States on May 18, 1917 creating the Selective Service System. The Act gave the President the power to draft men for military service. The Selective Training and Service Act of 1940 was passed by the Congress of the United States on September 16, 1940, becoming the first peacetime conscription in United States history. The original Act was allowed to expire in 1947 because it was thought that a sufficient number of volunteers would enlist for the nation's defense. The number of volunteers was not enough, however, and a new draft act was passed in 1948. Between 1948 and 1967 several draft laws were enacted.
On March 29, 1975, President Gerald Ford signed Proclamation 4360, Terminating Registration Procedures Under Military Selective Service Act, eliminating the registration requirement for all 18-25 year old male citizens. Then on July 2, 1980, President Jimmy Carter signed Proclamation 4771, Registration Under the Military Selective Service Act, retroactively re-establishing the Selective Service registration requirement for all 18-26 year old male citizens born on or after January 1, 1960. Only men born between March 29, 1957, and December 31, 1959, were completely exempt from Selective Service registration.
The first registrations after Proclamation 4771 took place on Monday, July 21, 1980, for those men born in January, February and March 1960 at U.S. Post Offices. Tuesdays, Wednesdays and Thursdays were reserved for men born in the later quarters of the year, and registration for men born in 1961 began the following week.
Current status
The United States abandoned the draft in 1973 under President Richard Nixon, ended the Selective Service registration requirement in 1975 under President Gerald Ford, and then re-instated the Selective Service registration requirement in 1980 under President Jimmy Carter.
Today the Selective Service System remains as a contingency, should a military draft be re-introduced.
Who must register
Under current law, all male U.S. citizens are required to register with Selective Service within 30 days of their 18th birthday. In addition, foreign males between the ages of 18 and 26 living in the United States must register. This includes permanent residents (holders of Green Cards), refugees, asylees, dual citizens, and undocumented/illegal aliens. Foreign males in the United States as lawful non-immigrants (international students, visitors, diplomats, etc.) are not required to register. Failure to register as required is grounds for denying a petition for US citizenship. "Willful" failure or refusal to present oneself for registration is against the law.
In 1980, young men who knew they were required to register and did not do so could face up to five years in jail or a fine up to $50,000 if convicted. The potential fine was later increased to $250,000. Despite these possible penalties, government records indicate that from 1980 through 1986 there were only 20 indictments, of which 19 were instigated in part by self-publicized and self-reported non-registration. As one of the elements of the offense, the government must prove that a violation of the Military Selective Service Act was knowing and willful. This is almost impossible unless the prospective defendant has publicly stated that he knew he was required to register or report for induction, or unless he has been visited by the FBI, personally served with notice to register or report for induction, and given another chance to comply. The last prosecution for non-registration was in January 1986, after which many believed the government declined to continue enforcing that law when it became apparent that the trials were themselves causing a decline in registration. Unlike the situation at the time when the draft was in effect, routine checks for identification virtually never include a request for draft card.
As an alternative method of encouraging registration, federal legislators and most state legislators passed laws requiring that to receive financial aid, federal grants and loans, certain government benefits, eligibility for most federal employment, and (if the person is an immigrant) eligibility for citizenship, a young man had to be registered (or had to have been registered, if they are over 26 but were required to register between 18 and 26) with Selective Service. There are some third-party organized efforts to compensate financial aid for those students losing benefits, including the Fund for Education and Training (FEAT) and Student Aid Fund for Non-registrants. Those who were required to register, but failed to do so before they turn 26, are no longer allowed to register, and thus may be permanently barred from federal jobs and other benefits, unless they can show to the Selective Service that their failure was not knowing and willful.
In the current registration system a man cannot indicate that he is a conscientious objector (CO) to war when registering, but he can make such a claim when being drafted. Some men choose to write on the registration card I am a conscientious objector to war to document their conviction, even though the government will not have such a classification until there is a draft.
In 1987, Congress ordered the Selective Service System to put in place a system capable of drafting "persons qualified for practice or employment in a health care occupation", if such a special-skills draft should be ordered by Congress. In response, Selective Service published plans for the "Health Care Personnel Delivery System" (HCPDS) in 1989 and has had them ready ever since. The concept underwent a preliminary field exercise in Fiscal Year 1998, followed by a more extensive nationwide readiness exercise in Fiscal Year 1999. The HCPDS plans include women and men age 20–54 in 57 job categories.
Legal issues
Although the Selective Service System is authorized by the Selective Service Act, some argue the constitutionality of the act, claiming the law violates the Thirteenth Amendment to the United States Constitution of the U.S. Constitution by providing for military conscription. Opponents of the law contend that the draft constitutes "involuntary servitude", under the amendment, which states:
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.
This has not been supported by the courts; as the Supreme Court said in Butler v. Perry:
The amendment was adopted with reference to conditions existing since the foundation of our government, and the term 'involuntary servitude' was intended to cover those forms of compulsory labor akin to African slavery which, in practical operation, would tend to produce like undesirable results. It introduced no novel doctrine with respect of services always treated as exceptional, and certainly was not intended to interdict enforcement of those duties which individuals owe to the state, such as services in the army, militia, on the jury, etc.
Constitutionalists have since noted, however, that such "owed duties" also preceded the established fundamental precepts of "inalienable rights" to life and liberty, which would presumably supersede them, and by which the states originally declared the principle basis for their independendence from Great Britain in 1776; accordingly, American governments could derive no just power or authority to claim impose duties that interfered with such rights, since otherwise this would provide government with a "loophole" for doing so. Therefore while the court clarified that the draft did not violate the 13th Amendment per se, it failed to address either the 9th Amendment regarding such rights which were retained by the People, despite not being specifically enumerated in the Constitution; or the 10th Amendment safeguards against the enlargement of federal powers, over those specifically delegated therein.
Exemption of women
The issue of women being exempted was addressed and approved in 1981 by the United States Supreme Court in Rostker v. Goldberg, with the Court holding "The existence of the combat restrictions clearly indicates the basis for Congress' decision to exempt women from registration. The purpose of registration was to prepare for a draft of combat troops. Since women are excluded from combat, Congress concluded that they would not be needed in the event of a draft, and therefore decided not to register them." However since the draft has always been used to conscript non-combat personnel as well; and likewise ninety percent of military jobs are non-combat positions, many of which are open to female volunteers; this calls into question why women cannot be drafted into such positions.
Some factions of contemporary feminists and Men's Rights activists have advocated that as women have sought and established in large degree equal opportunity to acquire and utilize all benefits of society and resources therein without discrimination up and to including monetary resources as direct benefactors of the sovereign territory of the United States, they should be allowed, and indeed required, to assume responsibility to be called upon to defend such benefits in any capacity best suited for and as seen required-- up and to including a full combat role if needed.
It is likewise stated that since women are likewise now able to vote for wars in which only men can be required to fight, then-- particularly since women comprise the voting-majority-- then an exception for women thereby elevates women, both as individuals and as a group, to an elite and special social status above men, since they have equal rights as citizens, but without equal duties being required of them in return for such; likewise, men are conversely forced into an inferior status as women's expendable servants-- even slaves, since they are expected to fight to defend these very rights, that women are able to claim without similar requirement.
Structure and operation
The Selective Service System is an independent federal agency within the Executive Branch of the Federal government of the United States.
The Director of the Selective Service System reports directly to the President of the United States of America.
During peacetime (current structure), the agency comprises a National Headquarters, three Regional Headquarters and a Data Management Center. During a mobilization (draft), the agency would greatly expand by activating an additional 56 State Headquarters, 400+ Area Offices as well as 40+ Alternative Service Offices.
Mobilization (draft) procedures
- Congress and the President authorize a draft: The president claims a crisis has occurred which requires more troops than the volunteer military can supply. Congress passes and the President signs legislation which revises the Military Selective Service Act to initiate a draft for military manpower.
- The Lottery: A lottery based on birthdays determines the order in which registered men are called up by Selective Service. The first to be called, in a sequence determined by the lottery, will be men whose 20th birthday falls during the calendar year the induction takes place, followed, if needed, by those aged 21, 22, 23, 24, 25, 19 and 18 year olds (in that order).
- All parts of the Selective Service System are activated: The Agency activates and orders its State Directors and Reserve Force Officers to report for duty.
- Physical, mental and moral evaluation of registrants: Registrants with low lottery numbers receive examination orders and are ordered to report for a physical, mental, and moral evaluation at a Military Entrance Processing Station to determine whether they are fit for military service. Once he is notified of the results of the evaluation, a registrant will be given 10 days to file a claim for exemption, postponement, or deferment.
- Local and appeal boards activated and induction notices sent: Local and Appeal Boards will begin processing registrant claims/appeals. Those who passed the military evaluation will receive induction orders. An inductee will have 10 days to report to a local Military Entrance Processing Station for induction.
- First draftees are inducted: According to current plans, Selective Service must deliver the first inductees to the military within 193 days from the onset of a crisis.
Lottery procedures
If the agency were to mobilize and conduct a draft, a lottery would be held in full view of the public. This would be covered by the media. First, all days of the year are placed into a capsule at random. Second, the numbers 1-365 (1-366 for lotteries held with respect to a leap year) are placed into a second capsule. These two capsules are certified for procedure, sealed in a drum, and stored.
In the event of a draft, the drums are taken out of storage and inspected to make sure they have not been tampered with. The lottery then takes place, and each date is paired with a number at random. For example, if January 16 is picked from the "date" capsule and the number 59 picked from the "number" capsule, all men of age 20 born on January 16 will be the 59th group to receive induction notices. This process continues until all dates are matched with a number.
Should all dates be used, the Selective Service will then conscript men at the age of 21, then 22, 23, 24, and 25. Men ages 18 and 19 are not likely to be inducted to the system. Once all dates are paired, the dates will be sent to Selective Service System's Data Management Center.
Classifications
If a draft were held, local boards would classify registrants to determine whether they were exempt from military service. According to US Code of Federal Regulations Title 32, Chapter XVI, Sec. 1630.2, men would be sorted into the following categories:
| Class | Category |
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| 1-A | Available for unrestricted military service. |
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| 1-A-O | Conscientious objector available for noncombatant military service only. |
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| 1-C | Member of the Armed Forces of the United States, the National Oceanic and Atmospheric Administration or the Public Health Service. |
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| 1-D-D | Deferment for certain members of a reserve component or student taking military training. |
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| 1-D-E | Exemption of certain members of a reserve component or student taking military training. |
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| 1-H | Registrants not subject to processing for induction |
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| 1-O | Conscientious objector to all military service. A registrant must establish to the satisfaction of the board that his request for exemption from combatant and noncombatant military training and service in the Armed Forces is based upon moral, ethical or religious beliefs which play a significant role in his life and that his objection to participation in war is not confined to a particular war. |
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| 1-O-S | Conscientious objector to all military service. |
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| 1-W | Conscientious objector ordered to perform alternative service. |
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| 1-Y | In case of war or national emergency only. Class discontinued in December 1971. |
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| 2-A | Registrant deferred in support of the national interest. |
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| 2-B | Registrant deferred because of occupation in a war industry. |
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| 2-D | Registrant deferred because of study preparing for the ministry. |
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| 2-S | Registrant deferred because of collegiate study. |
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| 3-A | Registrant deferred because of hardship to dependents. |
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| 3-A-S | Registrant deferred because of hardship to dependents (separated). |
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| 4-A | Registrant who has completed military service. |
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| 4-A-A | Registrant who has performed military service for a foreign nation. |
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| 4-B | Official deferred by law. |
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| 4-C | Alien or dual national. |
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| 4-D | Minister of religion. |
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| 4-F | Registrant not acceptable for military service. To be eligible for Class 4-F, a registrant must have been found not qualified for service in the Armed Forces by a Military Entrance Processing Station (MEPS) under the established physical, mental, or moral standards. The standards of physical fitness that would be used in a future draft would come from AR 40-501. |
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| 4-G | Registrant exempted from service because of the death of his parent or sibling while serving in the Armed Forces or whose parent or sibling is in a captured or missing in action status. |
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| 4-T | Treaty alien. |
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| 4-W | Registrant who has completed alternative service in lieu of induction. |
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| 5-A | Registrant who is over the age of liability (26) or if previously deferred (35) |
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Directors
| Director | Tenure | Appointed by |
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| 1. | Clarence Addison Dykstra | 1940-10-15 - 1941-04-01 | Franklin D. Roosevelt | | 2. | Lewis Blaine Hershey | 1941-07-31 - 1970-02-15 | Franklin D. Roosevelt | | Dee Ingold | 1970-02-15 - 1970-04-06 | (Acting) | | 3. | Dr. Curtis W. Tarr | 1970-04-06 - 1972-05-01 | Richard Nixon | | Byron V. Pepitone | 1972-05-01 - 1973-04-01 | (Acting) | | 4. | Byron V. Pepitone | 1973-04-02 - 1977-07-31 | Richard Nixon | | Robert E. Shuck | 1977-08-01 - 1979-11-25 | (Acting) | | 5. | Bernard D. Rostker | 1979-11-26 - 1981-07-31 | Jimmy Carter | | Dr. James G. Bond | 1981-08-01 - 1981-10-30 | (Acting) | | 6. | Thomas K. Turnage | 1981-10-30 - 1986-10-23 | Ronald Reagan | | Wilfred L. Ebel | 1986-10-24 - 1987-07-08 | (Acting) | | Jerry D. Jennings | 1987-07-09 - 1987-12-17 | (Acting) | | 7. | Samuel K. Lessey Jr. | 1987-12-18 - 1991-03-07 | Ronald Reagan | | 8. | Robert W. Gambino | 1991-03-08 - 1994-01-31 | George H. W. Bush | | G. Huntington Banister | 1994-02-01 - 1994-10-06 | (Acting) | | 9. | Gil Coronado | 1994-10-07 - 2001-05-23 | Bill Clinton | | 10. | Alfred V. Rascon | 2001-05-24 - 2003-01-02 | George W. Bush | | Lewis C. Brodsky | 2003-01-03 - 2004-04-28 | (Acting) | | Jack Martin | 2004-04-29 - 2004-10-28 | (Acting) | | 11. | William A. Chatfield | 2004-11-29 - | George W. Bush |
See also
External links
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