Is Conscription(aka a draft) technically allowed in the USA?

Question

I just realised that if McCain wins presidency, their would most likely be a draft because that is the only way to continue with the war at this rate...

Like, is it really allowed?

" Many arguments opposed to conscription, or opposed to gender-discriminated conscription, arise from its violation of the principles of the Universal Declaration of Human Rights of the United Nations."

"The United States discontinued the draft in 1973, moving to an all-volunteer military force, thus there is currently no mandatory conscription."

But, isn't a draft likely?

Answer 1

Congress would have to vote to renew the draft and considering the current political climate this would be political suicide for whoever proposed it and voted for it.  Nobody wants to be the one to reinstate the draft so it likely won't happen.  Believe it or not, we are still getting plenty of volunteers who enlist in the military and relatively low casualty rates the political fallout from a draft wouldn't be justified.

Regarding the relatively low casualty rates, consider this.  The Battle of Cold Harbor during the Civil War saw some 7,000 die during the first 20 minutes.  If you were to divide these figures out to an even number per minute Iraq has run to about 11 minutes of Cold Harbor.

Answer 2

only democrats in the house and senate voted for the draft

Answer 3

No, the draft is not likely unless a war breaks out.

Although it is technically still legal in the U.S. as a wartime emergency.

Answer 4

The US did discontinued the draft back in 73,  and you still are required to register, if you don't you won't be able to acquire a government job, but no jail time right now.

Answer 5

You're believing the anti-war crowd.

Enlistments are down, but we have plenty of soldiers for Iraq.

You guys have to stop reading and believing this propaganda!

Conscription is absolutely legal.  The US Congress would reinstate it if we were in an all out war.

This "war" is nothing.

Have more confidence in our abilities and less in those that constantly whine.

Answer 6

The Universal Military Training and Service Act  of 1947 makes all able-bodied male citizens and resident aliens 18- 45 years of age subject to conscription. But, the Congress has not enacted a law to re-start conscription and it won't in the near future. Contrary to your assertion that it is the only way to continue to fight the Long War, all branches of the military are meeting their voluntary enlistment and retention goals year in and year out.

The Long War does not involve pitched battles between masses of troops with armored and aerial support, as was the case in previous conflicts. It is a war fought by platoon and squad-sized units kicking in doors and shooting people in the head. Even the combat and non-combat death rates from current theaters of military operations are lower than the 7,500 who died on active duty during the eight years of the previous administration or the 9,555 who died on active duty during the period of 1980 to 1984. So, there is no huge diminution of the forces through death.

Conscription, if reintroduced, would be for a mandatory service period of two years. That isn't enough time to truly train the war fighter of today.

Only one Member of Congress is desirous of bringing back conscription. That is Congressman Charles Rangel of New York. But, he has a very high unemployment rate among draft-age men in his district. So, he's looking at it as a "jobs program".

Despite the fact that the Universal Declaration of Human Rights was principally written by a former First Lady (Eleanor Roosevelt) it has no force of law in the United States. Nor is it complied with by the other member states of the UN who voted for it but still have national conscription.