Supreme Court Rules Unanimously That Draft Is Constitutional, 1918

“Draft Law Constitutional Says U.S. Supreme Court,” from the French Broad Hustler, Jan. 17, 1918

Washington, Jan. 7—The supreme court today declared the draft law constitutional.

Chief Justice White, in handing down the decision on the nine cases against the draft law that reached the supreme court, said the arguments of all the objectors were “absolutely devoid of merit.”

“Our mind is unable to conceive that raising armies by draft is slavery, and violates the 13^th amendment,” Chief Justice White said.

The decision of the court was unanimous.

Refuting the arguments of the draft objectors that congress did not have the power to draft citizens, the Chief Justice said;

“As the mind can not conceive an army without the men to compose it on the face of the question that it does not give power for such men would seem too frivolous for further notice.”

The ground for opposition to the draft, “challenge the existence of all power,” the chief justice said. “For a governmental power which can only be exercises provided the citizen consents to its exertion is in no substantial sense a power.”

“We are unable to conceive,” he continued, “upon what theory the exaction by government from the citizen of the performance of his supreme and noble duty of contributing to the defense of the rights and honor of the nation as the result of a war declared by the great representative body of the people can be said to be the imposition voluntary servitude in violation of the prohibition of the 13^th amendment, we are constrained to the conclusion that the contention to take effect is refuted by its mere statement.”