The “defence” power

I do not believe that a military draft – i.e. slavery – is legitimately authorised by a constitutional power for “naval and military defence”. But I’m sure the High Court would reject most of what goes against the federal government, in line with its record of watering down federalism, so there’s no point wasting time and money arguing this point.

8 thoughts on “The “defence” power

  1. You seem you just did invest some time debating the point. Even if only to state your opinion.

  2. Hey, tonight the grizzley bear man tries to survive in the wilds of the Kimberleys! Since many of us wonder about starting a new societ there, perhaps we should watch it, to see what we might be up against from the natural world! We might need to be really hardy libertarian pioneers!

  3. Terje – that’s right. But I only spent a few minutes 😀 I wouldn’t advise investing months or years devising an elaborate legal argument arguing the military draft is not authorized by the Constitution. It’s sure to be rejected by the High Court anyway.

  4. Sukrit:
    Do you think the draft is never justified say if for example India, down the track, made threatening noises towards us suggestive of invasion?

    Honest question.

  5. JC, I for one do not support conscription. In WW2, Britain didn’t need conscription to make up the numbers to defend the islands against the Germans. however, for foreign wars, like sending troops to vietnam, governments like to use conscription, just because they can. the volunteer British forces were able to beat the conscriptees of Argentina, and retake the Falkland Islands, as one example of the superiority of non-draft forces.

  6. True, Srl.

    And I also agree with you nuke. However in a situation like an invasion I think the issue of conscription would be moot.

  7. JC, if we allow the government the latent right to conscript, in case of future unknown emergencies, the government will seek out causes to call emergencies, and draft us! Centralism is the inherent temptation within every type of government. It’s a bit like me and dieting. I have a strict no-cake policy, but I will allow myself a biscuit, and suddenly all cakes look like biscuits! how come i’m not losing weight? Governments should have absolute limits, not relative, elastic, limits. We should not let the mere threat, or possibility, of invasion be an excuse for involuntary service. As you say, in point 7, actual invasion would see massive numbers of volunteers. (Unless the Indian government had right on its’ side, of course! I’m not a blind, fanatical, patriot.)

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