Could a draft be reinstated?
The Draft and the U.S. Selective Service System: A Legal Requirement
In the event of war, the U.S. government has the power to reinstate the draft.
But before that can happen, certain legal steps must be followed.
Currently, U.S. law requires nearly all male citizens and male immigrants to register for Selective Service by the time they turn 18.
It doesn’t matter whether they are a U.S. citizen or not – this includes undocumented immigrants as well.
While most people are aware of the military’s role in times of conflict, few realize the serious consequences of failing to register for the Selective Service.
Those who don’t sign up could face significant legal penalties.
According to the Selective Service website, individuals who don’t register on time could face the following consequences:
– A fine of up to $250,000 and/or five years in prison
– Ineligibility for state-based student loans and grants in 31 states
– Ineligibility for federal job training programs
– Disqualification from many federal (and some state and local) jobs
– Up to a five-year delay in U.S. citizenship proceedings for immigrants
The U.S. Selective Service System in Action: How the Draft Works
If the situation escalates to the point of a draft, the U.S. would need to follow a specific set of steps to conscript citizens into military service. Here’s how the process would work.
Step 1: Congressional Approval
First, Congress would need to amend the Military Selective Service Act to authorize the President to induct personnel into the Armed Forces.
Without this amendment, a draft could not be legally enacted.
Once authorized, the Selective Service system would be activated.
Step 2: Activation of the Selective Service System
Once the draft is authorized, the Selective Service system would swing into action.
All registrants would be ordered to report for duty, and various offices – called Area Offices – would open to accept claims from those reporting for induction.
During this period, individuals would receive further instructions on their status and be given opportunities to make claims for postponement, deferment, or exemption.
For example, individuals could apply for an alternative service if they are conscientious objectors or claim hardship deferments.
Step 3: The Lottery
The next step in the draft process is the lottery – a crucial element of conscription.
The lottery would be a national event, publicly attended and live-streamed.
During this event, birthdays and numbers would be drawn randomly to determine the order in which individuals would be called for induction.
“The first to receive induction orders are those whose 20th birthday falls during the year of the lottery,” according to Selective Service guidelines.
If additional lotteries are needed, the draft will continue by calling individuals who turn 21 that year, and then progressively moving up in age until reaching 25.
After that, lotteries for individuals turning 19 or 18.5 would follow.
Step 4: Medical, Mental, and Moral Evaluations
Once induction orders are issued, those called up would report to a Military Entrance Processing Station (MEPS) for evaluation.
At MEPS, registrants undergo a thorough physical, mental, and moral examination to determine their suitability for military service.
Those who meet the necessary criteria would be inducted into the Armed Forces, while those who do not would be sent home.
If an individual is deemed fit, they will be inducted and begin their service.
In total, the U.S. government must deliver the first inductees to military duty within 193 days after the draft is authorized due to the urgency of a national emergency.
What Happens Next?
If the draft is triggered, those who receive induction orders would need to follow the specific instructions provided by the Selective Service.
Individuals who are drafted will undergo further training and preparation to be integrated into military service.