What assumptions about the importance of individual rights and civic duty lie behind this decision?

Question

In 1918, the Court ruled that the 13th Amendment’s prohibition of involuntary servitude does not prevent Congress from launching a military draft. What assumptions about the importance of individual rights and civic duty lie behind that decision?

Explain your answer!! I really want to learn!

Answer 1

In the preamble, there is a mention of "providing for the common defense". There is also a closely held belief that, in order to preserve the union and defend ourselves from enemies, we must maintain a strong military, which in 1918 primarily meant manpower, not technology. In this case, the court held that the security of the nation outweighed the "right" of the individual to refuse military service, therefore that service could be compelled. There is also the assumption that those who enjoy the fruits of a free, democratic society have the inherent duty to fight to preserve those freedoms and way of life, and if need be, be compelled to do so if the volunteer force does not meet the demand for manpower.

There is a difference between involuntary servitude and military service. There is compensation involved (small as it might be), and a set term of service, which is amendable according to the needs of the military as determined by the conflict or threat of conflict.  The military is also directly responsible to elected civilian authority as the President as commander in Chief, and the Congress as the Legislative body overseeing the laws governing a draft and also appropriations of funds to run the military, as well as the treatment of those serving.  Involuntary servitude (slavery) was based on the whim of the owner / master, who were largely ungoverned as it applied to the terms of servitude, treatment,  and compensation. Also, slaves did not have citizenship and were property of the owners without the right of citizenship, while soldiers were citizens and entitled to the rights of citizenship. Despite all the jokes about a military member being "property" of the branch of service they are in, they are still citizens. The military does "own", in a fashion, a member for the term of their enlistment / commission, but there is an obvious distinction between that and slavery.

Answer 2

that question is far to intelligent for me to answer so you get a star