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imperialism & war | resistance & tactics

How to LEGALLY Avoid the Draft

I found this post and although I have no way to verify its authenticity, it sounds plausible. It seems like it is worth the risk to try. I would much rather be dragged out of there, and have it taken to court than "VOLUNTEER" and then waive all my rights. Refuse, resist, fight!
Hell No!
Hell No!
NO DODGING ? JUST REFUSE TO VOLUNTEER? HERE?S HOW:

I hope that you will not be offended if I tell you HOW THE "DRAFT" works. I realize that most people THINK they know how it works, but in most cases they are in error! AND, you can avoid the worry when 'College and Canada will not be options [because] in December 2001, Canada and the U.S. signed a "smart border declaration," which could be used to keep would-be draft dodgers in.'

Being willing (and eager) to fight for one's country when it is truly in danger is one thing. Having the courage to refuse to fight in immoral and/or unconstitutional "wars" is quite another matter, I believe. ICE No need to "dodge" the ball if they're not allowed to hit you with it, if you merely 'take your stand' and refuse to VOLUNTEER!

1. Mr. A receives a "draft notice" and is told to report on a certain date to a certain place where he receives his physical and mental tests...then he is classified with a number indicating whether he is A1(first called)...all the way down to 4F(unfit for duty).

2. Mr.A is told that he is to report for "induction" into the military and to appear at a certain military base for that purpose on a date specified.

3. By "LAW" he must appear there...or a warrant for his arrest will be issued.

4. Assuming he reports as directed he will have another brief physical and tests and then is told to "line up on the yellow line (painted on the floor)

5. A Recruiting Officer will then tell all those "joining the army (or whatever)to take one step forward...(Oh, oh, THOSE WHO DID THIS JUST "VOLUNTEERED!")This is done so that no one can "legally" claim they were "forced into involuntary servitude!" "RAISE YOUR RIGHT HAND AND SWEAR ALLEGIANCE." (almost everyone does!...thinking it must be REQUIRED!): "I, (name) do solemnly swear that I will bear true faith and allegiance to the Constitution of the United States of America and will defend it against all enemies foreign and domestic, and will obey the orders of the President and the officers appointed over me, so help me God."

6. Those who "voluntarily" stepped forward CANNOT NOW CLAIM THEY WERE"DRAFTED"...they stepped forward voluntarily and took the Oath voluntarily!

7. Assume Mr. B was smarter than Mr. A and HE DID NOT STEP FORWARD ANDTHEREFORE DID NOT TAKE THE OATH OF ALLEGIANCE. (the recruiter will probably say something like this: "what's the matter with you, don't you know what' step forward' means?" Mr. B responds, "sure I do, but I AM NOTVOLUNTEERING TO SERVE IN THE MILITARY...If you want me you must 'take me' against my will by force!"

8. All of those who "volunteered" will now be excused from the room...and the Mr. B will be cajoled with persuasive arguments...at first...then, when nothing works to change his mind he will be called names and insulted, possibly even assaulted by one or more military people present there as witnesses.

9.IF Mr. B does not weaken, stands his ground, eventually the tormentors will give up and have him arrested on some charge. However, there is NO lawful way that they can MAKE him go into the military...because of the Constitutional prohibition against "involuntary servitude"...which is why NO ONE IS TRULY EVER "DRAFTED" AND MUST BE "SEDUCED " INTO VOLUNTEERING!


One thing to say at this point is what the cops are coached to say on the witness stand: "Am I ordered?"

If the recruiter says No, then obviously you're OK. If the recruiter says Yes, then "By what authority do you, a military officer, order me, a civilian?" If the recruiter says anything else, repeat the question until you get Yes or No.

If the recruiter says "I order you by the authority of the United States Government" then "Which clause of the Constitution gives you, a military officer, to order me, a civilian?"

Another thing to say is: "Am I free to go?" If the recruiter says Yes, then obviously leave. If the recruiter says No, then "Am I under arrest? Am I your prisoner? Am I kidnapped? If I'm not free, then what am I?" and again, keep repeating the question.

Another thing to say is: "I want an attorney."

Another thing to say is, of course, nothing at all. I think I would go with "Am I free to go?" because if you get to Yes, then you can leave and he would look bad ordering an arrest. If you ask the question three times and don't get a yes or no, then "Well I must be free to go, because I asked you three times and you won't tell me I'm not." Then I would slowly turn around and leave, and if he keeps trying to interact I would just keep repeating the question.

homepage: homepage: http://www.rumormillnews.com/cgi-bin/forum.cgi?read=63207

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too bad it doesn't (didn't) work 17.Jan.2005 00:23

hanna

Court(s) have ruled that basically forced military service (the draft) doesn't constitute "involuntary servitude", and that the U.S. by other bits of the constitution has power to raise an army which can involve using conscription.

See pages 9-10 of the following PDF ("Situations in Which the Amendment Is Inapplicable"), and footnote 39 on page 10:
www.gpoaccess.gov/constitution/pdf/con024.pdf.


My suggestion is to fight them in other ways right NOW, and when the draft comes, do the following:
1) mail in your draft registration with "whatever, losers" written in blood.
2) If you report to them and refuse they'd jail you. So you might as well do something to deserve jail, like sneak into a military base and destroy a few bomber jets.

interesting... 17.Jan.2005 00:28

required

if that actually works, it seems like a way of doing what the draft requires (reporting to the military) but avoiding what the military wants (for you to "join"). The following is on the rumormills website linked above:


=== Here's an excerpt from a book:

The Army induction officer instructed the draftees to "take one step forward" as their names were called, and said that step would signify their
induction into the Army. When reluctant Willie's name was called, he answered present, but did not step forward. After the ceremony, he went
home instead of to camp. When the MP's came for him, he went to court for a writ of habeas corpus to retain his freedom. "The officer himself," Willie argued, "said the step forward is what would make me a soldier. As I didn't take the step, I'm still a civilian and the Army has no claim on me."
Counsel for the Army replied, "The Army isn't being run by childish games. Willie and a hundred others appeared to be inducted, and he was
inducted before the whole group as any fool there could plainly see." Willie retained his civilian status. The court ruled that the draft law required some definite ceremony to transform a civilian into a soldier. As the Army decided to have one step forward constitute the ceremony, and Willie didn't take the step, he wasn't a soldier. U.S. Court of Appeals, 1954

For current info 17.Jan.2005 01:22

Fact checkers rule

Here are 3 links you might wish to peruse, or google up your own search. I am not sure if these sites will confirm the previous info as current or not, but they will certainly yield contact info of folks who can.

American Friends Service Comittee Youth and Militarism Project
 http://www.afsc.org/youthmil/Default.htm

War Resistor's League
 http://www.warresisters.org/

Santa Cruz Center for Non-Violence
 http://www.rcnv.org/rcnv/co.htm

More links 17.Jan.2005 06:19

spider

This advice for potential resisters would only work if one is
prepared to go to jail for their convictions.

Any potential draftee should talk to a trained draft counselor
before making any decisions on tactics to avoid the draft.

Here are a few other good links:

Center on Conscience & War
 http://www.nisbco.org/

COMD: Committee Opposed to Militarism and the Draft
 http://www.comdsd.org/links.htm

The Objector: Home of the Central Committee for Conscientious Objectors
 http://www.objector.org/

Seattle Draft and Military Counseling Center
 http://www.scn.org/ip/sdmcc/

Northwest Veterans for Peace
 http://www.peaceveterans.org/

Stop pissing down your leg. 17.Jan.2005 08:07

.

There is not going to be a draft. Nobody wants one. You don't want one, The pentagon doesn't want one, and Congress sure as shit doesn't want one.

I talked with the head of the local draft board in my area. He said they have had an active draft board system in the US since the early 1980s when Jimmy Carter signed it into law. Its nothing new, just internet paranoia.

no draft? 17.Jan.2005 08:35

spider

It's not credible to predict the possible events of the
future enough to warrant a statement that there
absolutely will not be a draft.

To make such a statement shows a shallow
understanding of the historical process that is
now being undertaken.

It is always advisable to prepare for any possible
event that can have serious consequences to a
person's well being.

Spider, you are correct, to a point. 17.Jan.2005 09:30

me again

Yes, I misspoke. Given the present situation, there is no way there will be a draft.

However if some unforeseen event occurs, there could be a draft, but it would have to be of such a magnitude that the general population of the US would have depleted its volunteers (assuming the event would inspire a fresh round of volunteers on its own) and congress would consider the country's' survival ahead of its own survival (a rare event indeed).

I personally do not own a gun, because I believe that by the time I need a gun, there will be plenty lying around me to use.

I feel the draft will be the same way. I'm in my 40s and spent 3 years in the Marines many years ago, If a draft becomes necessary the country will be in such a state as to see civilian vigilante mobs shanghaiing young men at gun point and selling them to the military, much like they do in some west African countries today.

So don't worry, If the country becomes that bad off, a draft will be the least of your problems.

agreed 17.Jan.2005 09:39

shaker

You can talk all you want about how 'they' don't want it, and give all the good reasons why 'they' wouldn't, why it would be so stupid...Hmm...We have Iraq, don't we? That, in itself, even if it was very predictable to anyone who has followed with anything but stoned humor those that are in power now and their agendas, should make you be a bit uneasy in your boots, and maybe have you thinking of wearing rubber socks.
If it comes, though, the only recourse is to simply say no, and prepare to take the consequences, and the advice to seek trained council is probably the best. Being a draft resistor, I was charged with failure to report, thinking that if once they had my ass it would be a bit more difficult for me reclaim my freedom. My advice to anyone of draft age would be to be prepared. Taking a bit of time to read between puffs on a joint could save a lot of trouble later. Take a look at the links and know where you stand.

ANY OTHER WAR = draft 17.Jan.2005 17:37

Eduardo Plata

If we launch another war we're going to need a draft. PERIOD. If you get a sense there's another war coming -Iran, Syria, North Korea, &c- get your ass to Canada. If you're already there when they announce the draft, can you really be considered as having fled?

Canada won’t take you. 17.Jan.2005 17:47

look it up.

To prevent what happened during Vietnam, in 1978 Canada signed a treaty with Jimmy Carter (president at the time) to refuse entry to anyone draft age at the border and to deport them if they are caught in Canada.

So, that avenue of escape is closed. Perhaps Mexico is willing to take you?

sorry for confusion 17.Jan.2005 18:22

canadian

Canada does take you. There has been lots of disinfo being spread on this point --by the U.S.A!!

it doesn't work 17.Jan.2005 19:00

geezer

An acquaintance during the Vietnam war did just what the original poster describes and went to federal prison for it.

sorry for MORE confusion 17.Jan.2005 21:00

read this article and see if they will take you.

 http://seattlepi.nwsource.com/local/202432_resist06.html

FROM THE ARTICLE :

Hinzman's fate will set the tone for a half-dozen other American soldiers seeking asylum in the face of the Iraq war. Activists are expecting a denial in Hinzman's case, and a long appeals process.

That could be trickier this time around. Discrimination against Americans could be a problem, warns Vietnam War resister Juergen Dankwort. "We should treat them as we have treated other immigrants."

And times, and armies, have changed.

True Story - circa 1969 17.Jan.2005 21:52

Fred

This is a true story.

Back in the day I knew a young man who had the unfortunate luck of learning the draft lotto number for his birthday in the year that he would be eligible was # 48. Translation: Saigon bound.

About three days after his 18th birthday he received the traditional letter from Uncle Sam. "Greetings! You have been inducted into the Armed Forces of the United Staes of America." His heart sank and his mother cried. He went down to take his physical and told one of the doctors (there are several that will examine you) that he had a drug problem. This particular doctor scheduled my friend for psychiatric evaluation. He was sent home with a registration status of 1-Y. "Registrant not qualified for military service at this time." So far so good...

He saw the military shrink the following week and stuck to his story about having a heroin addiction. He was again sent home and told he would be contacted by the military regarding their final decision. About a week later he received a letter from the Selective Service System stating that his new status was 4F. Registrant not qualified for military service at any time. Game Over...

My friend never had a heroin problem. Basically he bullshitted his way out being sent to Vietnam. Disgraceful? Some may think so. But he did not die in that unjust war along side 58,000 troops and with what has been estimated to be over one million Vietnamese. He has never regretted his actions and has never looked back.

So before deciding to go to jail or having to flee the country if a Draft should occur, remember that the military is not interested in having to deal with drug addicts. In a draft they simply don't have to. For at a time of conscription there is no shortage of wholesome fodder for the cannons.

Fred

Better you than me. 17.Jan.2005 22:24

.

Fred, its an interesting story, but keep in mind since your buddy got out of service, some other poor shmuck had to take his place. Somebody who may have never been drafted. Lets hope that person made it back ok. Its fine to believe you are fighting a noble cause, but don't assume your actions have no consequences.

I still don't believe there will be a draft. Not in today's political climate, War or no war, so this is really just an academic argument.

Perhaps there are some people who live in this country that really shouldn't anyway, draft or not. Perhaps they would be happier in Canada and the United States would be better off with them somewhere else as well.

In the words of a Cartoon Character on South Park. "America may have some problems, but if you can't root for the home team once and a while, maybe you should get out of the stadium."

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