Selective Draft Law Cases

1918 United States Supreme Court case From Wikipedia, the free encyclopedia

Arver v. United States, 245 U.S. 366 (1918), also known as the Selective Draft Law Cases, was a series of United States Supreme Court decisions united under the Arver name which upheld the Selective Service Act of 1917, and more generally upheld conscription in the United States. The Supreme Court held that conscription did not violate the Thirteenth Amendment's prohibition of involuntary servitude or the First Amendment's protection of freedom of conscience.

Full case nameArver v. United States, 245 U.S. 366
Grahl v. United States
Wangerin v. United States
Wangerin v. United States
Goldman v. United States, 245 U.S. 474
Kramer v. United States, 245 U.S. 478
Ruthenburg v. United States, 245 U.S. 480
Graubard v. United States
Citations245 U.S. 366 (more)
MajorityWhite, joined by unanimous
Quick facts Arver v. United StatesGrahl v. United StatesWangerin v. United StatesWangerin v. United StatesKramer v. United States Graubard v. United States, Argued December 13–14, 1917 Decided January 7, 1918 ...
Arver v. United States
Grahl v. United States
Wangerin v. United States
Wangerin v. United States
Kramer v. United States
Graubard v. United States
Argued December 13–14, 1917
Decided January 7, 1918
Full case nameArver v. United States, 245 U.S. 366
Grahl v. United States
Wangerin v. United States
Wangerin v. United States
Goldman v. United States, 245 U.S. 474
Kramer v. United States, 245 U.S. 478
Ruthenburg v. United States, 245 U.S. 480
Graubard v. United States
Citations245 U.S. 366 (more)
Court membership
Chief Justice
Edward D. White
Associate Justices
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · Willis Van Devanter
Mahlon Pitney · James C. McReynolds
Louis Brandeis · John H. Clarke
Case opinion
MajorityWhite, joined by unanimous
Laws applied
Selective Service Act of 1917
Close

The Solicitor General's argument and the court's opinion were based primarily on Kneedler v. Lane, which was actually multiple opinions of the Supreme Court of Pennsylvania during the American Civil War that upheld the Enrollment Act, as well as Vattel's The Law of Nations (1758).[1][2] The Court's reliance on the Kneedler v. Lane decisions has been questioned on multiple occasions.[2][3]

As reasoning for its decision, laws of the following governments of sovereign states were given as listed in The Statesman's Yearbook for 1917 as enforcing military service:

References

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