Selective Service

The Selective Service System is the means by which the United States administers military conscription. It entails registering all males between the ages of 18 and 25 with the system for the purpose of having information available about potential soldiers in the event of war.

History

The Selective Service Act of 1917 (40 Stat. 76) was passed by the Congress of the United States on May 18, 1917 creating the Selective Service System. The Act gave the President the power to draft men for military service. The Selective Training and Service Act of 1940 was passed by the Congress of the United States on September 16, 1940, becoming the first peacetime conscription in United States history. The original Act was allowed to expire in 1947 because it was thought that a sufficient number of volunteers would enlist for the nation's defense.^{citation needed} The number of volunteers was not enough, however, and a new draft act was passed in 1948. Between 1948 and 1967 several draft laws were enacted.

On March 29, 1975, President Gerald Ford signed Proclamation 4360, Terminating Registration Procedures Under Military Selective Service Act, eliminating the registration requirement for all 18-25 year old male citizens. Then on July 2, 1980, President Jimmy Carter signed Proclamation 4771, Registration Under the Military Selective Service Act, retroactively re-establishing the Selective Service registration requirement for all 18-26 year old male citizens born on or after January 1, 1960. Only men born between March 29, 1957, and December 31, 1959, were completely exempt from Selective Service registration.¹ The first registrations after Proclamation 4771 took place on Monday, July 21, 1980, for those men born in January, February and March 1960 at U.S. Post Offices. Tuesdays, Wednesdays and Thursdays were reserved for men born in the later quarters of the year, and registration for men born in 1961 began the following week².

Current status

The United States abandoned the draft in 1973 under President Richard Nixon, ended the Selective Service registration requirement in 1975 under President Gerald Ford, and then re-instated the Selective Service registration requirement in 1980 under President Jimmy Carter.

Today the Selective Service System remains as a contingency, should a military draft be re-introduced.³

Under current law, all male U.S. citizens are required to register with Selective Service within 30 days of their 18th birthday. "Willful" failure or refusal to present oneself for registration is against the law.⁴⁵

In 1980, young men who knew they were required to register and did not do so could face up to five years in jail or a fine up to $50,000 if convicted. The potential fine was later increased to $250,000. Despite these possible penalties, government records indicate that from 1980 through 1986 there were only 20 indictments, of which 19 were instigated in part by self-publicized and self-reported non-registration.⁶ As one of the elements of the offense, the government must prove that a violation of the Military Selective Service Act was knowing and willful. This is almost impossible unless the prospective defendant has publicly stated that he knew he was required to register or report for induction, or unless he has been visited by the FBI, personally served with notice to register or report for induction, and given another chance to comply. The last prosecution for non-registration was in January 1986, after which many believed the government declined to continue enforcing that law when it became apparent that the trials were themselves causing a decline in registration. Unlike the situation at the time when the draft was in effect, routine checks for identification virtually never include a request for draft card.

As an alternative method of encouraging registration, federal legislators and most state legislators passed laws requiring that to receive financial aid, federal grants and loans, and certain government benefits, a young man had to be registered with Selective Service. Organized efforts to aid those losing benefits include Fund for Education and Training (FEAT) and Student Aid Fund for Non-registrants.⁷⁸

In the current registration system a man cannot indicate that he is a conscientious objector (CO) to war when registering, but he can make such a claim when being drafted. Some men choose to write on the registration card I am a conscientious objector to war to document their conviction, even though the government will not have such a classification until there is a draft.⁹

In 1987, Congress ordered the Selective Service System to put in place a system capable of drafting "persons qualified for practice or employment in a health care occupation", if such a special-skills draft should be ordered by Congress. In response, Selective Service published plans for the "Health Care Personnel Delivery System" (HCPDS) in 1989 and has had them ready ever since. The concept underwent a preliminary field exercise in Fiscal Year 1998, followed by a more extensive nationwide readiness exercise in Fiscal Year 1999.¹⁰ The HCPDS plans include women and men age 20–54 in 57 job categories.¹¹

Legal issues

Although the Selective Service System is authorized by the Selective Service Act, some argue the constitutionality of the act, claiming the law violates the Thirteenth Amendment to the United States Constitution of the U.S. Constitution by providing for military conscription. Opponents of the law contend that the draft constitutes "involuntary servitude", under the amendment, which states:

This has not been supported by the courts; as the Supreme Court said in Butler v. Perry:

Exemption of women

The issue of women being exempted was addressed and approved in 1981 by the United States Supreme Court in Rostker v. Goldberg, with the Court holding "The existence of the combat restrictions clearly indicates the basis for Congress' decision to exempt women from registration. The purpose of registration was to prepare for a draft of combat troops. Since women are excluded from combat, Congress concluded that they would not be needed in the event of a draft, and therefore decided not to register them."¹⁴

Structure and operation

During peacetime (current structure), the agency comprises a National Headquarters, three Regional Headquarters and a Data Management Center.¹⁶ During a mobilization (draft), the agency would greatly expand by activating an additional 56 State Headquarters, 400+ Area Offices as well as 40+ Alternative Service Offices.¹⁷

Mobilization (draft) procedures

Lottery procedures

If the agency were to mobilize and conduct a draft, a lottery would be held in full view of the public. This would be covered by the media. First, all days of the year are placed into a capsule at random. Second, the numbers 1-365 (1-366 for lotteries held with respect to a leap year) are placed into a second capsule. These two capsules are certified for procedure, sealed in a drum, and stored.

In the event of a draft, the drums are taken out of storage and inspected to make sure they have not been tampered with. The lottery then takes place, and each date is paired with a number at random. For example, if January 16 is picked from the "date" capsule and the number 59 picked from the "number" capsule, all men of age 20 born on January 16 will be the 59th group to receive induction notices. This process continues until all dates are matched with a number.

Should all dates be used, the Selective Service will then conscript men at the age of 21, then 22, 23, 24, and 25. Men ages 18 and 19 are not likely to be inducted to the system. Once all dates are paired, the dates will be sent to Selective Service System's Data Management Center.

Classifications

If a draft were held, local draft boards would classify registrants to determine whether they were exempt from military service. According to US Code of Federal Regulations Title 32, Chapter XVI, Sec. 1630.2¹⁸, men would be sorted into the following categories:

Directors

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