Of all the statist violations of individual rights in a mixed economy, the military draft is the worst. It is an abrogation of rights. It negates man’s fundamental right — the right to life — and establishes the fundamental principle of statism: that a man’s life belongs to the state, and the state may claim it by compelling him to sacrifice it in battle. Once that principle is accepted, the rest is only a matter of time.
If the state may force a man to risk death or hideous maiming and crippling, in a war declared at the state’s discretion, for a cause he may neither approve of nor even understand, if his consent is not required to send him into unspeakable martyrdom — then, in principle, all rights are negated in that state, and its government is not man’s protector any longer. What else is there left to protect?
The most immoral contradiction — in the chaos of today’s anti-ideological groups — is that of the so-called “conservatives,” who posture as defenders of individual rights, particularly property rights, but uphold and advocate the draft. By what infernal evasion can they hope to justify the proposition that creatures who have no right to life, have the right to a bank account? A slightly higher — though not much higher — rung of hell should be reserved for those “liberals” who claim that man has the “right” to economic security, public housing, medical care, education, recreation, but no right to life, or: that man has the right to livelihood, but not to life.
One of the notions used by all sides to justify the draft, is that “rights impose obligations.” Obligations, to whom? — and imposed, by whom? Ideologically, that notion is worse than the evil it attempts to justify: it implies that rights are a gift from the state, and that a man has to buy them by offering something (his life) in return. Logically, that notion is a contradiction: since the only proper function of a government is to protect man’s rights, it cannot claim title to his life in exchange for that protection.
The only “obligation” involved in individual rights is an obligation imposed, not by the state, but by the nature of reality (i.e., by the law of identity): consistency, which, in this case, means the obligation to respect the rights of others, if one wishes one’s own rights to be recognized and protected.
Politically, the draft is clearly unconstitutional. No amount of rationalization, neither by the Supreme Court nor by private individuals, can alter the fact that it represents “involuntary servitude.”
A volunteer army is the only proper, moral — and practical — way to defend a free country. Should a man volunteer to fight, if his country is attacked? Yes — if he values his own rights and freedom. A free (or even semi-free) country has never lacked volunteers in the face of foreign aggression. Many military authorities have testified that a volunteer army — an army of men who know what they are fighting for and why — is the best, most effective army, and that a drafted one is the least effective.
It is often asked: “But what if a country cannot find a sufficient number of volunteers?” Even so, this would not give the rest of the population a right to the lives of the country’s young men. But, in fact, the lack of volunteers occurs for one of two reasons: (1) If a country is demoralized by a corrupt, authoritarian government, its citizens will not volunteer to defend it. But neither will they fight for long, if drafted. For example, observe the literal disintegration of the Czarist Russian army in World War I. (2) If a country’s government undertakes to fight a war for some reason other than self-defense, for a purpose which the citizens neither share nor understand, it will not find many volunteers. Thus a volunteer army is one of the best protectors of peace, not only against foreign aggression, but also against any warlike ideologies or projects on the part of a country’s own government.
Not many men would volunteer for such wars as Korea or Vietnam. Without the power to draft, the makers of our foreign policy would not be able to embark on adventures of that kind. This is one of the best practical reasons for the abolition of the draft.
The years from about fifteen to twenty-five are the crucial formative years of a man’s life. This is the time when he confirms his impressions of the world, of other men, of the society in which he is to live, when he acquires conscious convictions, defines his moral values, chooses his goals, and plans his future, developing or renouncing ambition. These are the years that mark him for life. And it is these years that an allegedly humanitarian society forces him to spend in terror — the terror of knowing that he can plan nothing and count on nothing, that any road he takes can be blocked at any moment by an unpredictable power, that, barring his vision of the future, there stands the gray shape of the barracks, and, perhaps, beyond it, death for some unknown reason in some alien jungle.
Once in a while, I receive letters from young men asking me for personal advice on problems connected with the draft. Morally, no one can give advice in any issue where choices and decisions are not voluntary: “Morality ends where a gun begins.” As to the practical alternatives available, the best thing to do is to consult a good lawyer.
There is, however, one moral aspect of the issue that needs clarification. Some young men seem to labor under the misapprehension that since the draft is a violation of their rights, compliance with the draft law would constitute a moral sanction of that violation. This is a serious error. A forced compliance is not a sanction. All of us are forced to comply with many laws that violate our rights, but so long as we advocate the repeal of such laws, our compliance does not constitute a sanction. Unjust laws have to be fought ideologically; they cannot be fought or corrected by means of mere disobedience and futile martyrdom. To quote from an editorial on this subject in the April 1967 issue of Persuasion: “One does not stop the juggernaut by throwing oneself in front of it. . . .”