http://nationalserviceact.org/10.html
I had noticed this the other day but thought I just hadn’t paid close enough attention to it originally. xyz this morning independently noticed new sections on their FAQ. It appears to have been updated the 1st or there abouts:
What if I don’t want to do any service?
This is a superb question.
Hopefully, enough people will volunteer to serve so that individuals not interested in National Service can be accommodated. How many people is enough? That’s tough to say. How many more good teachers and tutors do we need to make American education globally competitive again? The Iraq War may have been a war of choice but the next war may not be. What happens if the volunteer force isn’t big enough? If global climate change is what some scientists say it is, how many Americans need to be involved in conservation and disaster relief? How much time should you devote to your community so it’s the type of place your family is happy to live in?
There is a simple choice here. We can do these things or we can pay someone else to do it for us (which typically means higher taxes and putting more trust in bureaucracies). And don’t be surprised if you don’t like the results when you relinquish your opportunity to make a difference to someone or something else.
Some people feel affronted by the idea of National Service because they view it as surrendering to government. Obviously, we don’t agree. We see it as average citizens taking back their civil institutions and actualizing government “of the people, by the people, and for the people.” At present, we’re having a difficult time keeping Americans (particularly young people) interested in and focused on the affairs of local, state, and federal government. This inattention has resulted in many abuses in the last few years. Our solution is to get more Americans involved via National Service (more ‘skin in the game’ if you will). Implied in this idea is a lack of faith that voting alone provides adequate accountability, responsiveness, and results. After all, what is casting a vote compared to doing?
All that being said, if you don’t want to serve then we hope you understand that American democracy will be poorer and less effective without the direct participation of your talent, intellect, and abilities.
Is mandatory National Service constitutional?
Yes.
The United States has practiced several forms of mandatory National Service throughout its history. The Militia Act of 1792 and the Selective Service System (a.k.a. the Draft) are the two most referenced examples. Probably the most commonly experienced form of mandatory service is jury duty. Also, it can be argued that paying taxes is a form of mandatory National Service.
One can reference dozens of US Supreme Court Cases that weighed individual rights versus civic obligations. The most prominent case on this matter is Butler v. Perry (1916). In this instance the Court ruled that the 13th Amendment does not apply to mandatory national service. For further information on the legal precedence of National Service click HERE.
So I checked Google Cache and found that as of June 24th, 2008 12:41:40 GMT the above two sections were not on the site. I’ve uploaded a snapshot from Google Cache here in case Google updates.
Notice they don’t answer the first question and the second question makes the assumption that just because something is constitutional it’s OK. It also assumes that just because the US Supreme Court says it’s constitutional it is. While in the legal system that may be true the 13th Amendment seems pretty clear to me.
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have the power to enforce this article by appropriate legislation.
If I must participate in some service against my will it seems to me to be by definition involuntary servitude/slavery. The 13th Amendment forbids that. I don’t care what some people in black dresses say. Conscription is both unconstitutional in that it violates the 13th Amendment and it goes against the concept that government is created at the consent of the governed to protect their rights. If the 13th isn’t enough you can take a look at the 5th and 14th too.
The reason these additions are noteworthy is that xyz had emailed them directly requesting what would occur if an individual refused to serve. She has yet to receive a personal reply but the FAQ as we have seen has been updated with a poor answer.
If there is no punishment for failing to participate in the “mandatory service” then it’s not mandatory just like “mandatory” participating in the census is in fact not.