How to legally avoid being drafted
Yeah yeah, we know the draft isn't really coming...
Despite the Stop-Loss programs, the increased funding for the Selective Service, the "open ended" review of the ongoing situation, the Universal National Service Act of 2003, etc... we all know there won't be a Draft. But since "Be Prepared" is good advice in all situations, I thought I'd post this little missive.
The 13th Amendment (designed to prevent slavery by calling it involuntary servitude) applies to the Draft. The military gets around this by getting draftees to volunteer as a matter of course.
If and when you receive a "draft notice" it will tell you to report on a certain date to a certain place to receive physical and mental tests.
You will then be told to report for "induction" into the military and to appear at a certain military base for that purpose on a date specified.
By law, you must appear there or a warrant will be issued for your arrest.
When you report, you will have another brief physical then be told to "line up on the yellow line" (Typically painted on the floor)
A Recruiting Officer (not identified as such) will then tell all those "joining the army" (or whatever) to take one step forward.
If you do this, you will be classed as having volunteered.
This is done so that no one can legally
claim they violated the 13th Amendment.
When the officer says "RAISE YOUR RIGHT HAND AND SWEAR ALLEGIANCE" almost everyone does, thinking it must be required. And after all, they've been trained like seals to repeat such pledges of allegiance since their earliest school days.
"I, (name) do solemnly swear that I will bear true faith and allegiance to the Constitution of the United States of America and will defend it against all enemies foreign and domestic, and will obey the orders of the President and the officers appointed over me, so help me God."
Now those who "voluntarily" stepped forward have also taken the Oath voluntarily.
What you must do, to avoid the Draft, is NOT step forward. And do NOT take the oath of Allegiance. The recruiter will probably say something like this: Wwhat's the matter with you, don't you know what' step forward' means?"
You should respond with something like "Sure I do, but I am NOT volunteering to serve in the military."
All of those who did volunteer will now be excused from the room and you will be cajoled with persuasive arguments at first then you may be called names and insulted, possibly even assaulted by one or more military people present there as
witnesses. Eventually the tormentors might give up and have you arrested on some charge.
One thing to say at this point is what the cops are coached to say on the witness stand: "Am I ordered?"
If the recruiter says No, then obviously you're OK. If the recruiter says Yes, then "By what authority do you, a military officer, order me, a civilian?" If the recruiter says anything else, repeat the question until you get Yes or No.
If the recruiter says "I order you by the authority of the United States Government" then "Which clause of the Constitution gives you, a military officer, to order me, a civilian?"
Another thing to say is: "Am I free to go?" If the recruiter says Yes, then obviously leave. If the recruiter says No, then "Am I under arrest? Am I your prisoner? Am I kidnapped? If I'm not free, then what am I?" and again, keep repeating the question.
Another thing to say is: "I want an attorney."
Another thing to say is, of course, nothing at all. I think I would go with "Am I free to go?" because if you get to Yes, then you can leave and he would look bad ordering an arrest. If you ask the question three times and don't get a yes or no, then "Well I must be free to go, because I asked you three times and you won't tell me I'm not." Then I would slowly turn around and leave, and if he keeps trying to interact I would just keep repeating the question.
This advice allegedly comes from D. R. Graham (Retired military officer)
Here's an excerpt from a book, referring to the original legal precedent.
The Army induction officer instructed the draftees to "take one step forward" as their names were called, and said that step would signify their induction into the Army. When reluctant Willie's name was called, he answered present, but did not step forward. After the ceremony, he went home instead of to camp. When the MP's came for him, he went to court for a writ of habeas corpus to retain his freedom. "The officer himself," Willie argued, "said the step forward is what would make me a soldier. As I didn't take the step, I'm still a civilian and the Army has no claim on me."
Counsel for the Army replied, "The Army isn't being run by childish games. Willie and a hundred others appeared to be inducted, and he was inducted before the whole group as any fool there could plainly see."
Willie retained his civilian status. The court ruled that the draft law required some definite ceremony to transform a civilian into a soldier. As the Army decided to have one step forward constitute the ceremony, and Willie didn't take the step, he wasn't a soldier. -- U.S. Court of Appeals, 1954