Omar Bennett
The United States first instituted conscription during the Civil War, which led to a series of bloody draft riots. The Civil War Military Draft Act of 1863 required all men between the ages of 20 and 45 to register, but the obligation fell mostly on the poor. Wealthier men could avoid conscription by hiring a substitute or paying $300 for a draft exemption. Today, the Selective Service System remains in standby mode, and men must register within one month of turning 18. While failing to register is a felony, no one has been prosecuted since 1986. However, failure to register can result in the denial of government benefits. In the event of a national emergency, Congress and the President can reinstate the draft and force male citizens into military service. Men who are drafted have the opportunity to file for exemptions, deferments, or postponements.
| Characteristics | Values |
|---|---|
| Draft dodging | Not showing up for ordered military service. |
| Conscientious objector status | Sincerity of belief in religious teachings combined with a profound moral aversion to war. |
| Exemptions | Certain elected officials, veterans, immigrants, and dual nationals in some cases. |
| Deferments | Hardship, ministerial students, and medical reasons. |
| Leaving the country | During the Vietnam War, nearly 100,000 men left the country to avoid the draft. |
| Preemptive enlisting | Joining military forces unlikely to see combat, such as the Coast Guard. |
| Substitute | Wealthy men could hire a substitute to take their place in the draft. |
| Paying commutation money | Until mid-1864, men could avoid service by paying money. |
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What You'll Learn
Pay for an exemption or a substitute
During the American Civil War, wealthy men could avoid conscription by paying $300 for a draft exemption or hiring a substitute to take their place. This provision was controversial and sparked civil unrest and draft riots, including the New York Draft Riots in 1863, which resulted in at least 119 deaths.
In the context of modern conscription practices, while there is no longer active conscription in the United States, all male citizens and male immigrants residing in the country are still required to register with the Selective Service System between the ages of 18 and 25. This registration allows the government to conscript individuals in the event of a national emergency or war that requires more manpower than the all-volunteer military can provide.
Even with registration, there are still legal avenues to avoid conscription through exemptions, deferments, or postponements. These options are based on individual circumstances and beliefs. For example, certain elected officials, veterans, and individuals with health issues or personal hardships may be exempt or deferred from military service. Additionally, individuals can claim conscientious objector status if they are conscientiously opposed to military service and fulfill their obligations through noncombatant roles.
It is important to note that failing to register for the Selective Service System or comply with conscription can result in legal consequences, including fines, prison sentences, or denial of government benefits.
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Apply for conscientious objector status
Men who are against conscription on the grounds of freedom of conscience or religion can apply for conscientious objector status. This status is available to those who are conscientiously opposed to training and military service requiring the use of arms. A conscientious objector may be assigned to an alternative civilian service as a substitute for conscription or military service.
In the United States, the Selective Service System (SSS) requires all male citizens and male immigrants residing in the country, aged 18 to 25, to register. Failure to do so can result in denial of federal services and is considered a felony. However, no one has been prosecuted for this crime since 1986.
If a draft is authorized, men who are qualified for induction can file a claim for exemptions, deferments, and postponements from military service. Those who receive induction notices may claim conscientious objector status and appear before their local board to explain their beliefs. They may provide written documentation or include personal testimonies from acquaintances who can support their claims. The local board will decide whether to grant or deny the claim, and the decision can be appealed to a Selective Service district appeal board and then to a national appeal board if necessary.
It is important to note that conscientious objectors may still be required to fulfill their duties in unarmed military service or civilian service for a longer duration than the standard military service.
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Claim a medical exemption
To claim a medical exemption from the draft, you must be able to prove that you have a serious health condition or disability. This includes chronic illnesses like asthma or diabetes, severe mental health disorders, or physical disabilities. If you are confined to a hospital, nursing home, long-term care facility, or mental institution, you may be exempt from the draft. Similarly, if you are confined to your home or a group home and require medical assistance to leave, you may also be exempt.
To claim a medical exemption, you must provide documentation proving your condition and any unique responsibilities you have, such as providing care for dependents. The Selective Service will evaluate your claim to determine your eligibility for exemption. It is important to note that the criteria for exemption may vary depending on the country and the specific draft policies in place.
In addition to medical exemptions, there are also deferments and postponements available for those who may not qualify for a full exemption. These can be granted based on individual circumstances, such as hardship, continuing studies, or community need. Certain civilian jobs that are considered essential for national security or societal stability may also be exempt from the draft, such as healthcare professionals, educators, and critical infrastructure workers.
It is important to understand the specific requirements and processes for claiming a medical exemption in your country, as they may differ from the general information provided here. The Selective Service or equivalent authority in your country should be able to provide detailed guidance on eligibility criteria and the claims process.
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Leave the country
Leaving the country is one way that men have avoided conscription, although it is considered a felony and punishable by a fine of up to $250,000 or a prison term of up to five years. During the Vietnam War, nearly 100,000 men left the country to avoid the draft and were later pardoned by President Jimmy Carter.
During times of conscription, some people choose to leave their home country and move to a neighbouring country or a country with similar cultural ties. For example, some Canadians left for the United States during World War I, and some Americans left for Canada during the Vietnam War.
In some countries, leaving the country during conscription is not an option. For example, during the Russian invasion of Ukraine, male Ukrainian nationals aged 18 to 60 were denied exit from the country. Despite the ban, an estimated 600,000 to 850,000 Ukrainian men fled to Europe.
In other countries, leaving the country may be illegal, but it still occurs. In Eritrea, it is illegal to leave the country without government permission. However, in the mid-2010s, around 2,000 Eritreans were leaving each month, primarily to avoid the draft.
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Preemptively enlist in a non-combat military force
Preemptively enlisting in a non-combatant military force is a way to avoid being drafted into combat. While this option does not guarantee that an individual will be completely exempt from military service, it does provide an opportunity to serve in a non-combat role.
The Selective Service System (SSS) in the United States is responsible for conscription, and it outlines specific classifications for those who are drafted. One such classification is 1-A-O, which designates conscientious objectors who are conscientiously opposed to participating in military training or service that requires the use of arms. These individuals are then assigned to non-combatant positions within the military.
To be considered for this classification, individuals must go through the Selective Service System process. Registrants are sent induction notices and are given the opportunity to claim postponement, deferment, or exemption. They then report to a local Military Entrance Processing Station (MEPS) for induction and undergo physical, mental, and moral evaluations to determine their fitness for military service. Based on the results, individuals are either inducted into military service or sent home.
It is important to note that the SSS process is typically activated in response to a national emergency or war, where the all-volunteer military is insufficient. In such cases, Congress and the President work together to authorize a draft and force male citizens to serve in the military. While women are not excluded from combat service, they are also not required to register for the draft at this time.
In summary, by preemptively enlisting in a non-combatant military force, individuals can increase their chances of avoiding combat duty while still fulfilling their civic duty through alternative forms of military service.
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Frequently asked questions
Men could avoid being drafted for conscription in the United States by claiming conscientious objector status, hardship deferments, or ministerial student deferments.
A conscientious objector is someone who is opposed to military service based on their moral or religious beliefs.
A hardship deferment is granted to men whose induction would result in hardship to those who depend on them for financial support.
A ministerial student deferment is granted to students studying to become ministers or other religious leaders.
Historically, men could avoid the draft by not showing up for their ordered military service, leaving the country, or enlisting in a military force that was unlikely to see combat. Additionally, wealthier men could pay for a substitute or exemption.
