<p>Exactly. Breach of contract is legally a CIVIL matter that can only be litigated in CIVIL court, not criminal court. Not upholding your end of a contract is NOT a crime, and belongs in civil court.</p>
<p>If you were to treat selective service as a matter of contract law, there’s a good chance the contract might be nullified by the court on the basis of the lack of the “meeting of the minds.” When one party forces or coerces another to sign a contract, there is no meeting of the minds, which is to say that the two parties did NOT willfully signed the contract. Last I checked, the government is NOT above the law.</p>
<p>Constitutionality: I’m taking a class in administrative law this semester and we talk about due process a lot. In Goss v. Lopez, the supreme court ruled that you cannot be deprived of a property interest without due process of law. Conscription deprives you of a property interest in that it forces you to defer your career, education or basically your life, (Goss v. Lopez also established that education is a property interest=property) and thus can’t be taken away by the government without due process of law. In another case, the court also defined due process and basically ruled that arbitrary legislation is NOT due process.</p>