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Selective Draft Law Cases

The Selective Draft Law Cases refer to a series of legal challenges to the constitutionality of compulsory military conscription in the United States, particularly during World War I. Convicted individuals argued that the draft violated the Thirteenth Amendment's prohibition against involuntary servitude and infringed upon the First Amendment's religious clauses. The Supreme Court, led by Chief Justice Edward D. White, upheld the legality of the draft by citing Congress's constitutional authority to declare war and raise armies. The Court emphasized that conscription was consistent with historical precedents and a necessary aspect of federal sovereignty. Moreover, it noted an exemption for conscientious objectors, indicating recognition of individual beliefs. The ruling asserted that citizenship entails the duty of defending the nation’s rights and honor. Despite dissenting views on the court's patriotic perspective, the decision was never overturned, solidifying the legal framework for draft laws in America.

Published in: 2022
By: Lewis, Thomas Tandy
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Selective Draft Law Cases

Date: January 7, 1918

Citation: 245 U.S. 366

Issue: Conscription

Significance: The Supreme Court unanimously upheld the constitutionality of the Selective Service Act of 1917.

Several persons convicted of draft evasion asserted that compulsory military conscription was inconsistent with both the Thirteenth Amendment’s prohibition against involuntary servitude and the religious clauses of the First Amendment. Speaking for the Supreme Court, Chief Justice Edward D. White responded that congressional authority for imposing the draft was firmly grounded in the authorization of Congress to declare war and “to raise and support armies.” Conscription was entirely consistent with Anglo-American traditions, and it was a necessary corollary to federal sovereignity and the power to wage war. White found no reason to conclude that the draft, which contained an exemption for conscientious objectors, infringed on any rights under the First Amendment. In addition, he wrote that the obligations of citizenship included the “supreme and noble duty of contributing to the defense of the rights and honor of the nation.” Although many people objected to White’s patriotic tone, the Court never overturned any of his rulings.