Military Selective Service Act

The Selective Service Act of 1948, also known as the Elston Act, was a United States federal law enacted June 24, 1948, that established the current implementation of the Selective Service System.

Military Selective Service Act
Great Seal of the United States
Other short titles
  • Elston Act
  • Selective Service Act of 1948
Long titleAn Act to provide for the common defense by increasing the strength of the armed forces of the United States, including the reserve components thereof, and for other purposes.
Enacted bythe 80th United States Congress
EffectiveJune 24, 1948
Citations
Public law80-759
Statutes at Large62 Stat. 604, Chapter 625
Codification
Titles amended50 U.S.C.: War and National Defense
U.S.C. sections created50 U.S.C. Appendix §§ 451-473
Legislative history
  • Introduced in the Senate as S. 2655 by Robert A. Taft (R–OH), Charles Elston (R–OH)
  • Passed the Senate on June 9, 1948 (78-10)
  • Passed the House on June 15, 1948 (329-61, in lieu of H.R. 6401)
  • Reported by the joint conference committee on June 19, 1948; agreed to by the House on June 19, 1948 (259-136)  
  • Signed into law by President Harry Truman on June 24, 1948
United States Supreme Court cases
Rostker v. Goldberg, 453 U.S. 57 (1981)

History

The previous iteration of the Selective Service System was established by the Selective Training and Service Act of 1940. After two extensions, the Selective Training and Service Act was allowed to expire on March 31, 1947. In 1948, it was replaced by a new and distinct Selective Service System established by this Act. The Selective Service Act of 1948 was originally intended to remain in effect for two years (i.e., until June 24, 1950), but was extended multiple times, usually immediately before its two-year period of effectiveness was due to expire. Provisions of the law relating to the authority to induct men into the military expired on July 1, 1973. Amendments, extensions, and changes of name to the act since 1948 include:

  • Extended until July 9, 1950, by Pub. L.Tooltip Public Law (United States) 81–572, 64 Stat. 254, enacted June 23, 1950
  • Extended until July 9, 1951, by Pub. L.Tooltip Public Law (United States) 81–599, 64 Stat. 318, enacted June 30, 1950
  • Change of name to the Universal Military Training and Service Act and extended until July 1, 1953, by Pub. L.Tooltip Public Law (United States) 82–51, 65 Stat. 75, enacted June 19, 1951
  • Amended by Pub. L.Tooltip Public Law (United States) 82–461, 66 Stat. 440, enacted July 7, 1952
  • Extended until July 1, 1955, by Pub. L.Tooltip Public Law (United States) 83–84, 67 Stat. 86, enacted June 29, 1953
  • Extended until July 1, 1959, by Pub. L.Tooltip Public Law (United States) 84–118, 69 Stat. 223, enacted June 30, 1955
  • Amended by Pub. L.Tooltip Public Law (United States) 84–146, 69 Stat. 295, enacted July 12, 1955
  • Amended by Pub. L.Tooltip Public Law (United States) 84–665, 70 Stat. 509, enacted July 9, 1956
  • Amended by Pub. L.Tooltip Public Law (United States) 85–62, 71 Stat. 206, enacted June 26, 1957
  • Amended by Pub. L.Tooltip Public Law (United States) 85–564, 72 Stat. 424, enacted July 28, 1958
  • Extended until July 1, 1963, by Pub. L.Tooltip Public Law (United States) 86–4, 73 Stat. 13, enacted March 23, 1959
  • Amended by Pub. L.Tooltip Public Law (United States) 86–632, 74 Stat. 467, enacted July 12, 1960
  • Amended by Pub. L.Tooltip Public Law (United States) 87–391, 75 Stat. 821, enacted October 4, 1961
  • Amended by Pub. L.Tooltip Public Law (United States) 87–536, 76 Stat. 167, enacted July 18, 1962
  • Extended until July 1, 1967, by Pub. L.Tooltip Public Law (United States) 88–2, 77 Stat. 4, enacted March 28, 1963
  • Amended by Pub. L.Tooltip Public Law (United States) 88–110, 77 Stat. 134, enacted September 3, 1963
  • Amended by Pub. L.Tooltip Public Law (United States) 88–360, 78 Stat. 296, enacted July 7, 1964
  • Amended by Pub. L.Tooltip Public Law (United States) 89–152, 79 Stat. 586, enacted August 30, 1965
  • Change of name to the Military Selective Service Act of 1967 and extension until July 1, 1971, by Pub. L.Tooltip Public Law (United States) 90–40, 81 Stat. 100, enacted June 30, 1967
  • Amended by Pub. L.Tooltip Public Law (United States) 90–491, 82 Stat. 790, enacted August 17, 1968
  • Amended by Pub. L.Tooltip Public Law (United States) 91–124, 83 Stat. 220, enacted November 26, 1969
  • Change of name to the Military Selective Service Act and extension until July 1, 1973, by Pub. L.Tooltip Public Law (United States) 92–129, 85 Stat. 348, enacted September 28, 1971

In 2019, U.S. District Court in Southern Texas Judge Gray Miller ruled in National Coalition for Men v. Selective Service System that exempting women from the male-only draft was unconstitutional.[1] This ruling was later reversed by the United States Court of Appeals for the Fifth Circuit,[2][3] and the Supreme Court of the United States declined to hear the case.[4]

See also

References
  1. Somin, Ilya (2019-02-24). "Federal Court Rules Male-Only Draft Registration Is Unconstitutional - Volokh Conspiracy". Reason.com. Retrieved 2019-03-20.
  2. National Coalition for Men vs. Selective Service System, No. 19-20272 (5th Cir. 2020-08-13).
  3. McGill, Kevin (2019-08-13). "Federal appeals court: Male-only draft is constitutional". Associated Press.
  4. "National Coalition For Men, et al., Petitioners v. Selective Service System, et al". Supreme Court of the United States. 2021-01-12. Retrieved 2021-02-06.
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