How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Solutions Your Own Question
Daniel Solutions
Daniel Solutions, Lawyer
Category: Military Law
Satisfied Customers: 9934
Experience:  Lawyer for over 20 year and former JAG
5180018
Type Your Military Law Question Here...
Daniel Solutions is online now
A new question is answered every 9 seconds

Mandatory registration for Selective Service was reinstated

Customer Question

Mandatory registration for Selective Service was reinstated in 1980 under Carter and remains in effect today.
My question(s) is; does the DOD need the approval of Congress or the President to induct sevicemembers? Do they have current auathorization (such as Congressional Resolution or Executive Order) to do so?
Submitted: 7 years ago.
Category: Military Law
Expert:  Daniel Solutions replied 7 years ago.

The "draft" is the actual process of calling men between ages 18 - 26 to be inducted to serve in the U.S. military. The draft is typically used only in the event of war or extreme national emergency as determined by the Congress and the president.

 

An initiation of a draft would require action by both Congress and the President. Congress would have to pass legislation initiating a draft, and the legislation would have to be passed into law by signature of the President.

The selective service would be activated, and they would initiate a draft lottery. The lottery would establish the priority of call based on the birth dates of registrants.


Should the President and the Congress decide a draft was needed, a classification program would begin. Registrants would be examined to determine suitability for military service, and they would also have ample time to claim exemptions, deferments, or postponements. To be inducted, men would have to meet the physical, mental, and administrative standards established by the military services. Local Boards would meet in every community to determine exemptions and deferments for clergymen, ministerial students, and men who file claims for reclassification as conscientious objectors.



Edited by Daniel Solutions on 2/3/2010 at 9:24 PM EST
Daniel Solutions and other Military Law Specialists are ready to help you
Customer: replied 7 years ago.

when the draft is aboandoned such as after WWII and the Vietnam conflict; what as the operational instrument employed.

e.g.; executive oder, legislation?

now that the DOD has terminated its use of Stop Loss authorized under Title 10, USCS §12305 and delegated to DOD in executive order 12728, 1990 what instrument would/could be used to suspend autorization and/or delegation

Customer: replied 7 years ago.

when the draft is aboandoned such as after WWII and the Vietnam conflict; what as the operational instrument employed.

e.g.; executive oder, legislation?

now that the DOD has terminated its use of Stop Loss authorized under Title 10, USCS §12305 and delegated to DOD in executive order 12728, 1990 what instrument would/could be used to suspend autorization and/or delegation