No, the United States is not bringing back the draft

Israel’s war with Hamas has caused some Americans to grow concerned about rising global conflict, as the war between Russia and Ukraine also continues.

One of the concerns some have expressed is whether the United States might attempt to bolster its own military through a draft.

Some posts online claim a draft has already been ordered, and searches like “Biden Executive Order Draft” have become more common.

THE QUESTION

Is the United States bringing back the draft?

THE SOURCES

• Selective Service System
• Military Selective Service Act
• Congress.gov

THE ANSWER

No, the United States is not bringing back the draft. That can only be done through an act of Congress, which is not considering such a proposal.

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WHAT WE FOUND

Congress created the modern American draft system in 1948, when it passed a law that was at that point called the Selective Service Act (it’s since been renamed the Military Selective Service Act).

The law outlined who is required to sign up for the draft, who is eligible for certain types of military service, and the process used by the Selective Service System to register and draft people into the military.

The original law only authorized having a draft for two years. But over the course of the next few decades, Congress repeatedly passed new laws extending the draft, typically in two-year increments.

During the Vietnam War, the draft became increasingly unpopular, and the final extension was passed by Congress narrowly in 1971. That means there has been no draft since 1973.

The Selective Service System still keeps a list of men aged 18 through 25, who are required to register for that list, but the agency has no power to actually draft anyone.

Only an act of Congress could bring back the draft. Congress is not currently considering any proposals to do so. According to the database of bills that have been proposed in the current session of Congress, only a handful even mention the Selective Service and merely in the context of keeping the agency funded.

The president has no authority to call a draft by executive order, and he has not attempted to do so.

This story is also available in Spanish / Lee este artículo también en español: No, los Estados Unidos no reanudarán el servicio militar obligatorio