| Shorttitle: | Military Selective Service Act |
| Longtitle: | An 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 By: | 80th |
| Effective Date: | June 24, 1948 |
| Public Law Url: | https://www.loc.gov/rr/frd/Military_Law/Morgan-Papers/Vol-I_PL-759.pdf |
| Cite Public Law: | 80-759 |
| Cite Statutes At Large: | , Chapter 625 |
| Title Amended: | 50 U.S.C.: War and National Defense |
| Sections Created: | 50 U.S.C. Appendix §§ 451-473 |
| Introducedin: | Senate |
| Introducedby: | Robert A. Taft (R–OH), Charles Elston (R–OH) |
| Passedbody1: | Senate |
| Passeddate1: | June 9, 1948 |
| Passedvote1: | 78-10 |
| Passedbody2: | House |
| Passeddate2: | June 15, 1948 |
| Passedvote2: | 329-61, in lieu of H.R. 6401 |
| Conferencedate: | June 19, 1948 |
| Passedbody3: | House |
| Passeddate3: | June 19, 1948 |
| Passedvote3: | 259-136 |
| Signedpresident: | Harry S. Truman |
| Signeddate: | June 24, 1948 |
| Scotus Cases: | Rostker v. Goldberg, |
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.
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:
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]
In 2024, a bipartisan group of senators, including Rand Paul, Ron Wyden, and Cynthia Lummis, introduced legislation to end the military draft, calling it outdated and unnecessary. The bill aimed to repeal the Military Selective Service Act, which hasn't been used since the Vietnam War. The move followed debates on including women in the draft, a proposal repeatedly removed from the National Defense Authorization Act despite rising program costs.[5]