Unfortunately, the answer to this problem cannot be captured in a single soundbite. In order to have Constitutional Foreign Policy, we need to go to the Founding Fathers, History, and the Constitution itself.
Noted: These ideas that I will lay out are not even in the realm of the mainstream today; but they most definitely are in line with the Founding Fathers intent. First, some basis for what I am about to say.
*US Declaration of Independence*
"He has kept among us, in times of peace, Standing Armies without the consent of the Legislators."
"He has affected to render the Military Independent of and superior to the Civil Power. "
"He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country"
"He is at this time transporting large Armies of foreign Mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of Cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized Nation."
*US Constitution*
Article 1, Section 8 -
"The Congress shall have Power To....provide for the common Defense"
"To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years"
"To provide and maintain a Navy"
"To make Rules for the Government and Regulation of the land and naval Forces"
"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions"
"To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress"
"No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay."
*Article II, Section II*
"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States"
*Article IV, Section 4*
" The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of the against Invasion"
*Bill of Rights, Amendment II*
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed".
*Amendment XIII*
"Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction
*Amendment XIV*
"Nor shall any State deprive any person of life, liberty, or property, without due process of law"
Thomas Jefferson on Standing Armies, the Military, and Military Training...this is a good read.
http://famguardian.org/subjects/politics/thomasjefferson/jeff1480.htm
"We must train and classify the whole of our male citizens, and make military instruction a regular part of collegiate education. We can never be safe till this is done." - Thomas Jefferson
"I think the truth must now be obvious that our people are too happy at home to enter into regular service, and that we cannot be defended but by making every citizen a soldier, as the Greeks and Romans who had no standing armies; and that in doing this all must be marshaled, classed by their ages, and every service ascribed to its competent class." - Thomas Jefferson
"The administration asserts the right to fill the ranks of the regular army by compulsion...Is this, sir, consistent with the character of a free government? Is this civil liberty? Is this the real character of our Constitution? No, sir, indeed it is not...Where is it written in the Constitution, in what article or section is it contained, that you may take children from their parents, and parents from their children, and compel them to fight the battles of any war, in which the folly or the wickedness of government may engage it? Under what concealment has this power lain hidden, which now for the first time comes forth, with a tremendous and baleful aspect, to trample down and destroy the dearest rights of personal liberty?" - Daniel Webster
One More Point:
A Federal Draft has been used only in: The Civil War, WW1, WW2, and a few times during the Cold War.
So. Here is where I finally tie it all together, and give my proposal for a Constitutional view on this.
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Lets break it down:
We have 50 Sovereign States, who have come all agreed to be apart of a single Union; and in doing so, they each guarantee each other protection from invasion and unity in any war.
Each of these States are to have a Militia, which is to be organized, armed, and disciplined by the Congress. The President may call forth the militias to provide for the common defense, but otherwise, they are under State Control.
We are no supposed to have a Standing Federal Army in times of Peace (though a Command Structure and the obvious bare-bones minimums has always been present.) Congress is permitted to raise an army, but only for a term of 2 years.
Additionally, it would seem as though we are not supposed to be calling forth a Militia or Raising an Army except in case of Invasion. So no Foreign Adventures or neo-Imperialism (I know....long shot)
*By the way, the Militia was named "National Guard" in honor of the French and their citizen-soldier structure with Lafayette". However, the National Guard has been almost totally removed from State Control...so that needs to change to Pre-Civil War structure to be Constitutional"
So, Raise an Army. What does that mean? Does that mean voluntary conscription, or forced? It is clear that "calling forth the Militia" and "raising Armies" are different. One is using State Troops, the other is Enlisting Federal Troops. They do not merge together to become one in the same.
So, where do these Federal Troops come from? Answer, in compliance from Jefferson and Webster. By volunteering. These are people, typically from Militias, who simply volunteer to be a Federal Soldier. Easy as that. The remaining Manpower needed to defend the nation can be sought from the Militias themselves.
So, the next obvious question. If militia is to be the main source of troops, do we forcibly conscript?
I think Jefferson is quite clear. "We must train and classify the whole of our male citizens, and make military instruction a regular part of collegiate education. We can never be safe till this is done."
So no, we don't conscript, as that would inherently place an individual in involuntary servitude if he was opposed to his being apart of the Militia. However, Jefferson's wisdom in adding military instruction into the curriculum is applicable.
States themselves, being responsible for the Militias, under the regulations of Congress, should make military instruction a part of school curriculum (and schools need to be ripped from the Feds gnarly fingers as well...but thats another thread).
So how would this military instruction in school look? Simple, with parental permission, every high school student would periodically be called to the local town militia to engage in local militia training. This isn't boot camp type stuff, it is the basics. Weapon safety, how to shoot, first aid, how to pitch a tent, defensive positions in town, and how to help in emergencies (such as snow storms, flooding, ect that the Militia can be called forth for).
You teach these kids their civic duty to their neighbors. Once they graduate High School, they have the choice to join their local town Militia. Local militias would then proceed into further training as specified by local, state, and congressional dictates. These Citizen-Soldiers would be old and young, and in the modern era, male and female. All are welcome to preform their civic duty to their countrymen.
Perhaps those who go on to college could be trained in how to administer these militias through a voluntary state training program, with honorable volunteering graduates being commissioned as militia officers by State Governors.
The current Standing Army could be virtually wiped away, down to a Skeleton Army. The Navy could be re-tooled for the modern world (as the Constitution allows for a Standing Navy). The Air Force could either split back up between the Army and the Navy...or we could have an Amendment to the Constitution allowing for Congress to provide for and maintain an Air Force (I prefer this one). The Coast Guard could be given back to the States.
The Department of Defense would be eliminated: and you would once again have separate Department of War and a Naval Department (centralization does not work).
...
So, in short. If we are going to ask the Constitutional Question about the Military....that is a Constitutional Military. Is the Draft Constitutional? No. You cannot deprive someone of their Liberty. The State does not own your children. However, military instruction can be a voluntary educational service offered by State-run schools and local militias.
Should females be forced to sign up for the unconstitutional draft? No more, and no less than Males should.
***I don't really apologize if that was too long.....it was a whole lot of fun to type up!***
