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The Military Draft and a Possible War with Iraq (CRS Report for Congress)

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Release Date Dec. 31, 2002
Report Number RL31682
Report Type Report
Authors Robert L. Goldich, Foreign Affairs, Defense, and Trade Division
Source Agency Congressional Research Service
Summary:

Since the possibility of a second major war with Iraq became apparent in mid-2002, interest and concern about a return to the draft have manifested themselves for the first time since the 1991 Persian Gulf War. As was the case in 1991, a review of military manpower levels and potential war scenarios suggests that only a prolonged war, with major military reverses for U.S. forces, or new international developments creating the need for substantially larger armed forces, would result in a military requirement to reinstitute the draft. Virtually all proposed scenarios for a war with Iraq assume that it would not last long enough, result in high enough American casualties, or require enough additional forces to necessitate a draft. The military rationale for resuming the draft to meet the needs of the armed forces for manpower during an Iraqi war, therefore, does not seem to be compelling. However, there are possible scenarios that might tax the ability of the armed forces to recruit a sufficient number of volunteers. One such scenario could combine an Iraqi conflict with other confrontations (e.g., North Korea). Other scenarios could involve the need for very large peacetime deployments of U.S. forces (e.g., the possible occupation of a defeated Iraq) or major demands for domestic deployments based on threatened or actual terrorist activity. Some of the sociological arguments in favor of conscription involve different interpretations of the same data; others are more philosophical and not related to quantitative analysis or interpretation. While African Americans are present in the enlisted ranks to a considerably greater extent than their proportion of the American population, the Hispanic proportion is less, rather than more, than their presence in the American population . If upper-middle class youth appear to be underrepresented in the enlisted ranks, they are present in the officer corps. Throughout American history there has been a debate about whether compulsory military service is (1) a civic responsibility and display of patriotism, not subject to individual whim as to whether it is performed or not; or (2) a violation of individual liberties that, if implemented at all, should only be used in times of grave emergency. Legal authority for the involuntary induction of men into the Armed Forces expired on July 1, 1973. New legislation would be required to reinstate an active draft. Currently the Selective Service System operates on standby status. Young men are required to register with the system within 30 days before or after their 18th birthday. If the draft were to be reactivated, young men age 18 through 26 would be subject to induction (up to age 35 if deferred when initially called). Student deferments were drastically restricted by law after they caused so much controversy during the Vietnam War of 1964-1973. Graduate student deferments were in fact abolished early in the Vietnam War, in 1966. Under current law, undergraduates who were drafted would be allowed to finish an ongoing academic semester (or their senior year, if about to graduate), and would then have to report for induction. Married men would not be exempt from any actual draft. This report will be updated as events warrant.