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by gzer0 566 days ago
Wow, TIL that if you're drafted (and forced to serve against your will), the government can subject you to military law (UCMJ), which limits many of your rights, like the right to a civilian trial by jury.

Courts have upheld this because Congress has the power to regulate the military, but it still feels like a huge shift in rights for someone forced to serve.

It feels... intuitively unjust that the government could compel service and then subject individuals to a system that limits their constitutional rights.

2 comments

If it makes it any better, drafts only happen during wartime and only if there aren't enough troops to wage the war with volunteers alone.

So ostensibly a draft occurs when the country is facing a threat to its existence. So if you feel bad about the concept of a draft, understand that the alternative may be a lost war.

seems very logical considering the last centuries. nation state needs military, military needs people to STFU and do what needs to be done.

and unfair, considering that rich people always found ways to dodge the draft or serve in armchair positions, but taking this into account it's just even more obvious that special interests did what they usually do.