Selective Draft Law Cases Explained

Litigants:Arver v. United States
Grahl v. United States
Wangerin v. United States
Wangerin v. United States
Kramer v. United States
Graubard v. United States
Arguedatea:December 13
Arguedateb:14
Argueyear:1917
Decidedate:January 7
Decideyear:1918
Fullname:Arver v. United States,
Grahl v. United States
Wangerin v. United States
Wangerin v. United States
Goldman v. United States,
Kramer v. United States,
Ruthenburg v. United States,
Graubard v. United States
Usvol:245
Uspage:366
Majority:White
Joinmajority:unanimous
Lawsapplied:Selective Service Act of 1917

Arver v. United States, 245 U.S. 366 (1918), also known as the Selective Draft Law Cases, was a United States Supreme Court decision 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.

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, and Vattel's The Law of Nations (1758).[1] [2] The reliance on the Kneedler v. Lane decisions of the Pennsylvania Supreme Court have 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

. Modern Constitutions . 1 . 1909 . University of Chicago Press . Chicago . Walter F. Dodd . 1903346 .

Notes and References

  1. Book: Leach, Jack Franklin . Conscription in the United States: Historical Background . 1727243 . 1952 . vi . C.E. Tuttle Pub. Co. . Rutland, Vt..
  2. A Judicial Revisitation Finds Kneedler v. Lane Not So 'Amazing' . Delehant . John W. . . December 1967 . 53 . 1132 . John Wayne Delehant .
  3. Conscription and the Constitution: The Amazing Case of Kneedler v. Lane . Bernstein . JL . . August 1967 . 53 . 708 .
  4. Military Service Act of August 27, 1917, expressly providing for service abroad. Printed in the Congressional Record of September 20, 1917, 55th Cong. Rec., p. 7959
  5. French: La loi du 15 juillet 1889 sur le recrutement de l'armée, July 15, 1889 (Duvergier, vol. 89, p. 440), modified by act of March 21, 1905 (Duvergier, vol. 105, p. 133)
  6. Constitution, German Empire, April 16, 1871, Art. 57, 59
  7. German: Gesetz, betreffend Aenderungen der Wehrpflicht, vom February 11, 1888, No. 1767, German: [[Reichsgesetzblatt|Reichs-Gesetzblatt]], p. 11, amended by law of July 22, 1913, No. 4264, German: RGBl., p. 593