Selective Service: A Source of Military Manpower

• Author: Lieutenant Calonel William L. Shaw
• Pages: 02

Between the yesra 1940-1947, 60 million men were registered for miiitar'y or civilian semiee, 36 million of these registrant8 were classified, and 10 million WBIB inducted into the Armed Foreea of the United States.'

1. INTRODUCTION

   The above summarization of a period of almost seven years of unprecedented military urgency in American history indicates several factors of major interest. By a lawfully constituted process, ten million men were ultimately obtained for the purpose of military manpower. This does not take into consideration that some milliom of other registrants were retained in civilian activities contributing to the national interest in time of war or emergency. In addition, for a greater or lesser period of time, millions of others were allowed by law to remain at home in order to avoid undue family hardship upon dependents if the bread-winner should be called to the colors. Further, after physical examination, several miliian men were rejected for military service because of physical, mental, or moral defects. This entire process of 88.

   lective acceptance and rejection was accomplished by uncompen-sated civilians who were residents of the registrant's own county. Subsequently, the same system which had selected men for military duty assisted them after demobilization to find reemployment. The purpose of this article is to review, the evolution of compulsory military service with particular emphasis upon the Selective Service System in the United States since 1940. Judicial review will be considered. The discussion will not attempt to set forth every federal case which has arisen, but will indicate certain broad topics or subjects which are to be found in court eases linked to Selective Service.

   * The opinions and eoneluaionn expressed herein are thaae of the author and do not neceli8a1lly represent the view of The Judge Advocate General's School, no? any other governments1 agency.

   *TAL ARNG: Deputy Attorney General of Cahfornia; member of the Cdlfornis State Bar; LL.B.. 1938. Stanford Univeraity Law School.

   1 Seleetivs Service System, Monograph No. 17 (The Operation of Selective Service), p. 4 (1866) (hereinafter referrtd to as Selective Service Operstion).

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   1. TERMINOLOGY

      1. Selective Service System. This is the sifting and testing process by which individual eligibility, exemption and deferment are determined within Congressional blueprints and enunciated legislative policy.* 2. Draft. The enforcement by the government of its canstitutional right to require all citizens of requisite age and capacity to enter the military service of the 3. Conscript. One taken by lot from the conscription or enrallment list and compelled ta serve as a soldier or sailor.'

      In this article, conscription refers to the compulsory enrollment by the military authorities leading to enforced placement in the military ranks. It will be stressed that Selective Service is the civilian (1) registration, (2) classification, and (3) forwarding for induction of registrants by local boards composed by the neighbors of the registrants.

   2. ANCIENT PRECEDENTS

      Enforced military service was practiced by the ancient Israelites. After Moses led his people from Egyptian bondage, it was written in the Bible:

      Take ye the sum of all the congregation of the children of Israel. after their families, by the house of their fathers, with the number of their names, every male by their polls; from 20 yeam old and upward, all that are shle to go forth to war in larsel, thou and Aaron shall number them by their armies.'

      This is a clear example of an enrollment, a call, a levy and the resulting military service. Israel raised an army numbering 603,550 by this method.'

      A nearly universal military obligation affecting all able-bodied males was recognized in the ancient Greek states.' In Sparts, circa 716 B.C., military training began for males at the age of seven and continued until age Sixty.8 "Periclean Athens was a

      I United Stsfea 7. Creme. 220 F.2d 792. 794 11th Cir. 1955) : 38 Words B Phriaen <4S (1961, Supp. 1960).

      with Pronunciatima 408 (1st ed. 19SOl.

      Phrases 182 (1951).

      I Lanahrn V. Birge, 30 Conn. 438, 443 (1862) ; Bsiientine, Law Dietionaw 'Kneedier Y. Lane, 45 Pa. (9 Wr. Pa.) 288. 261 11883); 8A Wards B

      .Numb%ra 1:2. 3 (King James).a Id. at 1:46.*Selective Service Smtem Monograph No. 1 (Backgrounds of Selectise Senice), pp. E-7 11947) (h&einsfter referred 1a11 Selective Service Bsck-

      grounds).

      8Smith & Brownson. Smaller HiaBry of Greeee 31-2 118971.

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      SELECTIVE SERVICE

      city of but 36,000 males of military age, yet It possessed a citizen army of 28,000.''

      In Rome. in the time of King Tarquinius Priseus, every able-bodied man between the ages of 17 and 47 was required tc render active duty service for ten to sixteen years. Males from age 48 taage 60 were liable for garrison duty.'O Subsequently, however, under the Empire, the wealthy citizens of Rome could escape performance of their military obligation by hiring substitutes."

      The Crusades were spread over two hundred years and led to the creation of great volunteer armies. However, the Crusades revealed the extravagant waste of a volunteer system in sending men to war." Beginning in 1096l' and concluding about 1270," the Crusades represented the greatest era in the history of volunteering for military service.'i Parenthetically, it should he noted that the Crusades cost several million lives.'*

   3. MILITARY SERVICE IN ENGLAND

      The Anglo-Sax~n "fyrd" or general levy was a localized defense force which included the entire free male population." The individual supplied his own arms, and control of the "fyrd" WBB

      local. This military obligation was considered universal. In A.D.894, the "fyrd" force was divided and rotated so that one-half always remained at home to till the fields while the other half fought. After the Norman Conquest, the "fyrd" was neglected in favor of a feudal levy based upon land tenure and a varying personal obligation to an overlord." Henry I1 (1133-1189), how-ever, ueed the "fyrd" to put down a great feudal uprising in his realm. This "fyrd" wa8 a mobilization of freemen between the ages of 16 and 60, each family marching together in a township

      0 Crawder, The Spirit of Selective Service 27 (1920).

      11 Id. st 8.

      I* Id. st 1Y.

      Selective Service Background. 7.

      Montgomery, Leading Faeta of French History 66 (1895). Even thous. ends of children were permitted to march without oms or accoutement8 to die in pursuit of an exalted ideal. See, Lamb, The Crusades, The Flame of Illsm 277-8 (1831), 88 to The Children's Crusade (1212 A.D.). 1. Montmmerv. 071. eit. mora note 13. at 77.

      .

      '"Montgomery, OP.

      ~ 8 t .

      81aprn note 18, at 78. It is interesting to note that

      "the idea that religioue wars were p8rticYIady pleasing to God WBLI fostered by thew cimpaigns." Id. at 79. Compare this concept with the fact that amme aeeta seek to justify canncientious objection to mhfary semee became of alleged biblicnl miunetiona agrinat war.

      la Selective Senice Backgrounds 18. A8 to the Crusades generally. see

      Lamb, The Crusades. Iron Men and Saints (18301,and Ludlou, The Age of

      the Crusades (1810).

      1, 16 Eney. Britannic& 484 (1858 ed.).

      18 Ihd.

      fighting unit.'8 By the Assize of Arms, decreed in 1181, Henry I1restrengthened the "fyrd" by requiring every freeman to arm him. self and to be in readiness for military duty whenever called.2o

      The Statute of Winchester of Edward I in 1285 required that "every man have in his house harness (equipment) far to keep the peace."*' This statute has been termed the origin of the use of militia in England and the forerunner of the militia concept in the American An excellent example of the use of militia in England occurred in 1588. At that time, Philip I1 of Spain embarked with the Armada to conquer England. At Tillbury, a determined militia (fyrd) gathered to meet the 19,000 Spanish Marines who were prepared to land en masse if the debarkation had ever taken place.pa From the time of the Armada, England relied upon dominant Sea power to defend her home shares, and, a8 a consequence, the militia declined in importance.%'

      A significant feature in the study of military service in England is the Mutiny Act of 1689.*j After the accession of William and Mary in February, 1689, a mutinous movement in the Army occurred in March, 1689.*# The mutiny was put down, and Parliament adopted a device to maintain B standing army in time of peace without endangering popular freedom. Martial law and courts-martial, necessary to discipline, were authorized far a period of one year only, subject to annual renewal. This was motivated in part by the desire of the House of Commons that Parliament be summoned at least once yearly.*.

      In the Eighteenth Century, Parliament authorized levies upon able-bodied men to serve as soldiers and sailors. At least five such statutes were enacted in a span of 15 years.la These statutes were designed to recruit individuals for the land forces and marines. Commissioners under the Acts levied upan able-bodied individuals who were not, upon examination, following a lawful trade or em- IS Selective Service Backgrounds 24.10 Lamed, History of England 120 113001.

      *I 15 Ency. Britanniea 484 (1058 d ) .

      21 Ibid.

      13 Seleetive Service Baekgreunds 27.

      *. Ibzd.

      * & 1 W. & M., e. 5.1e Lamed. op. eit. iupro note 20, st 487.

      "Ibid. The Mutmy Act wadd seem to be primarily en attempt by Parhament to pmvent the Klng from reekmg to rule without the psrticilatlon of the Cammana. This was effected through control of the purse StnnKS byCommons. In Reid V. Covert. 354 U.S. 1, 23-0 (19571, the maionty opinionreview^^ in part the background of the Mutiny Act. The ~pimon iiDemD to BII in ettributmg to Psrlrament (1) B fear of the Army and ( 2 ) B distrust

      *I

      of 19 Geo. 3. e 10 (1770) ; 18 Geo. 3, e. 53 (1178) i 30 Geo. 2, e. 8 (1757) i military eo"rt.-msrtlsi. . 8 (1757) i

      *. Ibzd.

      * & 1 W. & M., e. 5.1e Lamed. op. eit. iupro note 20, st 487.

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