[EL] Voter turnout

John Tanner john.k.tanner at gmail.com
Thu Apr 10 14:34:35 PDT 2014


Now you tell me


Sent from my iPad

> On Apr 10, 2014, at 5:06 PM, Jon Roland <jon.roland at constitution.org> wrote:
> 
> The term of art "involuntary servitude" forbidden by the 13th Amendment translates into "being held in custody for the benefit of the custodian". That excludes militia and jury duty.
> 
> Jury duty is a specialized form of militia duty, and a call-up for jury duty is based on the same principle as the call-up for militia duty.
> 
> However, that does not authorize conscription into the regular military. "Conscription" and "militia call-up" are distinct concepts.
> 
> The alleged authority cited by the SC in the Selective Draft Law cases (Arver v. United States, 245 U.S. 366 ) was the power "to raise an Army", but that power, as originally understood, was only to recruit and hire volunteers for a salary and a fixed term, not to conscript. Conscription as it has come to be practiced is unconstitutional.
> 
>> On 04/10/2014 03:23 PM, Bill Maurer wrote:
>> there is separate constitutional authority for the draft and a long-standing common law tradition of jury service.
> 
> 
> -- Jon
> 
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