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TranceAddict Forums > Other > Political Discussion / Debate > For those in the U.S. worried about the DRAFT: IT WONT HAPPEN
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ogvh5150
Formula 1 Addict



Registered: Aug 2003
Location: F1 2008 Red Bull Racing/BMW Sauber

quote:
Originally posted by Arbiter
You're right, the president doesn't have the authority, and neither does any other branch of government:

U.S. Constitution, Article 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.


Many people can argue with this valid point. But in all reality no one in a court of law is going to honor it. Why? You'd have to look into Maritime Law or Commercial Law.

That is why, even under the First Amendment, the monument of Ten Commendments didn't stay in that courthouse lobby [link]. Even after a flurry of interest from many pro-religous groups, did the seperation of church and state concept take control.

Democracy, what a concept.


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Old Post Oct-05-2004 11:15 
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Radagast
BANNED FOR LIFE!



Registered: Aug 2003
Location: Loc at Ion

quote:
Originally posted by Arbiter
You're right, the president doesn't have the authority, and neither does any other branch of government:

U.S. Constitution, Article 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.


Yeah, there's a line under Article 1, Section 8: "Congress shall have the power... to raise and support armies,..." This is buttressed by the well-known "necessary and proper" clause.

The issue has also come up before the Supreme Court multiple times, in different ways *challenges run from declaring the concept of a draft unconstitution to an all-male draft being discriminatory against women* and the Court has never agreed with such challenges. So actually they do have the authority...until the Court decides otherwise.


___________________
Robots, machines, mechanical beings
Automatic and synthetic, we have the means
To take control of this planet and the human race
With our electronic rhythms and the Armageddon Bass

Old Post Oct-05-2004 19:55 
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ogvh5150
Formula 1 Addict



Registered: Aug 2003
Location: F1 2008 Red Bull Racing/BMW Sauber

First off there is no ARTICLE XIII but rather AMENDMENT XIII aka the 13th Amendment.

And since you have led us to Article 1, Section 8 you forget to mention the point I was trying to make:

"To make Rules for the Government and Regulation of the land and naval Forces". and "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

I would like to remind people of the CFR (Code of Federal Regulations) and the USC (United States Code).

Title 32, Subtitle B, CHAPTER XVI, Part 1636 of the CFR would be a good read for any law student that is against a draft.


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Old Post Oct-05-2004 21:47 
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Radagast
BANNED FOR LIFE!



Registered: Aug 2003
Location: Loc at Ion

quote:
Originally posted by ogvh5150
First off there is no ARTICLE XIII but rather AMENDMENT XIII aka the 13th Amendment.

And since you have led us to Article 1, Section 8 you forget to mention the point I was trying to make:

"To make Rules for the Government and Regulation of the land and naval Forces". and "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

I would like to remind people of the CFR (Code of Federal Regulations) and the USC (United States Code).

Title 32, Subtitle B, CHAPTER XVI, Part 1636 of the CFR would be a good read for any law student that is against a draft.


I forgot the part where I was making reference to your post.


___________________
Robots, machines, mechanical beings
Automatic and synthetic, we have the means
To take control of this planet and the human race
With our electronic rhythms and the Armageddon Bass

Old Post Oct-05-2004 22:45 
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ogvh5150
Formula 1 Addict



Registered: Aug 2003
Location: F1 2008 Red Bull Racing/BMW Sauber

Refering to Amendment 13 was to Arbiter.

Refering to Article 1, Section 8 was to Radagast.

Refering to Title 32 of the CFR was for everyone.

My apologies for any confusion that arose.


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Old Post Oct-05-2004 23:45 
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josh4
Supreme tranceaddict



Registered: Dec 2003
Location: New York City

Hypothetically speaking, if it does happen, you could claim to be unable to serve because of an internet addiction.

Old Post Oct-06-2004 02:24  United States
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smokeape
Lowland Trance Addict



Registered: Jul 2003
Location: Heart of Dixie

quote:
Originally posted by occrider
Not going to happen. You would sooner see martial law declared in Iraq and Allawi ascerting authoritarian control over the country before the US started drafting soldiers to send overseas. And most of the branches of service are still acheiving their recruiting targets.


Occrider's got it right. Give it up.


[[[smoke]]]

Old Post Oct-06-2004 02:50 
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TranceAddict Forums > Other > Political Discussion / Debate > For those in the U.S. worried about the DRAFT: IT WONT HAPPEN
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