arver argued decided january latimer minneapolis plaintiffs error arver grahl otto wangerin walter wangerin harry weinberger new york city plaintiff error kramer edwin taliaferro new york city plaintiff error graubard mr solicitor general davis washington chief justice white delivered opinion concerned provisions act may public congress stat entitled act authorize president increase temporarily military establishment law opening sentence declares intended supply temporarily increased military force required existing emergency war flagrant clauses must pass upon throw light significance briefly summarized act proposed raise national army first increasing regular force maximum strength maintaining second incorporating army members national guard national guard reserve already service act congress june stat maintaining organizations full strength third giving president power discretion organize volunteer enlistment four divisions infantry fourth subjecting male citizens ages thirty duty national army period existing emergency proclamation president announcing necessity service fifth providing selecting body called proclamation president enlisted men second body number president discretion deem necessary carry purposes act made duty liable call present registration proclamation president subject terms act provided full federal means carrying selective draft gave president discretion power create local boards consider claims exemption physical disability otherwise made called act exempted subjection draft designated state officials well already military naval service regular duly ordained ministers religion theological students conditions provided relieving military service strict sense members religious sects enumerated whose tenets excluded moral right engage war nevertheless subjected persons performance service noncombatant character defined president proclamation president calling persons designated within ages described statute made plaintiffs error class statute obliged present registration subject law failed prosecuted statute penalties provided defended denying conferred constitution upon congress power compel military service selective draft power given constitution congress terms particular act various reasons caused beyond power repugnant constitution cases review tional questions thus raised convictions resulted instructions courts legal defences without merit statute constitutional possession authority enact statute must found clauses constitution giving congress power declare war raise support armies appropriation money use shall longer term two years make rules government regulation land naval forces article course powers conferred provisions like powers given carry pro ided constitution authority make laws shall necessary proper carrying execution foregoing powers article mind conceive army without men compose face constitution objection give power provide men seem frivolous notice said however since constitution originally framed state citizenship primary citizenship derivative dependent thereon therefore power conferred upon congress raise armies coterminous citizenship exerted cause citizenship lose dependent character dominate state citizenship proposition simply denies congress power raise armies constitution gives power terms constitution delegated article truth contention simply assails wisdom framers constitution conferring authority congress retaining confederation several said right provide denied calling volunteer enlistments include power exact enforced military duty citizen however challenges existence power governmental power sanction therefore exercised provided citizen consents exertion substantial sense power argued however although abstractly true concretely compelled military service repugnant free government conflict great guarantees constitution individual liberty must assumed authority raise armies intended limited right call army existence counting alone upon willingness citizen duty time public need time war premise proposition devoid foundation leaves even shadow ground upon base conclusion let us see demonstrable may doubted sonception government duty citizen includes reciprocal obligation citizen render military service case need right compel vattel law nations book iii cc state proposition absolutely unnecessary view practical illustration afforded almost universal legislation effect force england certain norman conquest duty great militant body citizens recognized enforceable blackstone book unnecessary follow long controversy crown parliament branch government power resided since never doubt semewhere resided also wholly unnecessary explore situation purpose fixing sources whence england came understood citizen force organized militia without consent compelled render service foreign country since room contend principle ever rested upon challenge right parliament impose compulsory duty upon citizen perform military duty wherever public exigency exacted whether home abroad exemplified present english service act colonies separation england slightest doubt right enforce military service unquestioned practical effect given power many cases indeed brief government contains list colonial acts manifesting power enf rcement two hundred cases exact situation existed also separation articles confederation true congress power authority absolutely limited making calls upon military forces needed create maintain army state bound quota called indisputable response calls made upon met situation deemed necessary directing enforced military service part citizens fact duty citizen render military service power compel consent expressly sanctioned constitutions least nine illustration afforded following provision pennsylvania constitution every member society hath right protected enjoyment life liberty property therefore bound contribute proportion toward expense protection yield personal service necessary equivalent thereto article thorpe american charters constitutions organic laws vol pp true sometimes slow exerting power order fill condition shown resolutions congress calling upon comply exerting compulsory power draft earnest requests washington congress demand made upon resort drafts fill fact serves demonstrate instead challenge existence authority default exercising duty may resorted reason denying existence constitution came formed may disputed one recognized necessities adoption want power congress raise army dependence upon quotas supplying power manifestly intended give leave none since besides delegation congress authority raise armies constitution prohibited without consent congress form keeping troops time peace engaging war article argue state authority militia prior constitution embraced every citizen right congress raise army considered granting authority compel citizen service army express different form denial right call citizen army met saying exclude right congress organize army voluntary enlistments consent citizens proposition true right citizen give consent controlled prohibition deprive congress right compel unless said although congress right call state authority citizen right obey call set aside state authority pleased like conclusion demonstrates want foundation contention although within power call citizen army without consent army enters call limited respects services militia assumed may used since admits appropriateness call military service army power make yet destroys purpose call raising armies control fallacy argument results confounding constitutional provisions concerning militia conferring upon congress power raise armies treats one different militia clause congress shall power provide calling militia execute laws nation suppress insurrections repel invasions provide organizing arming disciplining militia governing part may employed service reserving respectively appointment officers authority training militia according discipline prescribed congress article line separates army power inherently plainly marked text two clauses stand bolder relief considering condition constitution adopted remedy provided military situation dealt right one hand congress confederation call forces duty furnish called embraced complete power government subject two combined delegated congress governmental power subject conferred result manifested grant made limitation expressly put upon subject army sphere therefore embraces complete authority duty exerting power thus conferred plenitude made obligatory wisely left depend upon discretion congress arising exigencies call part whole play left therefore sway undelegated control militia extent control taken away exercise congress power raise armies diminish military power curb full potentiality right exert left area authority requiring provided militia area unless exertion military power congress area circumscribed totally disappeared therefore dealt militia provision diminished occasion exertion congress military power beyond strict necessities exercise giving power congress direct organization training militia evidently prepare militia event exercise army power although leaving carrying command conduced result delegating congress right call occasions specified militia force thus obviating necessity exercising army power extent ready every conceivable contingency purpose made manifest provision preserving organization militia far formed called special purposes although subjecting militia called paramount authority tarble case wall express regulations power given call specified purposes without exerting army power follow latter power exerted complete extent exertion dominant power congress raise armies required exerted full limit discretion congress deemed public interest required furnishes ground supposing complete power lost partial exertion moreover power granted congress raise armies potentiality susceptible narrowing area militia clause operated affords ground confounding two areas distinct separate end confusing powers thus weakening destroying upon understanding two powers legislative executive authority exerted beginning act first session congress carrying army government confederatio constitution act september stat authority raise armies regularly exerted distinct substantive power force raised recruited enlistment except one act formulating plan entire body citizens militia subject military duty organized every state act may stat never carried effect congress confined providing organization specified number distributed among according quota trained directed congress called president need might require war came result two forces composed army relied upon congress carry war either proved weak numbers insubordination developed among forces called manifested refusal cross government determined excrcise power organize army compulsory draft necessary monroe secretary war madison president letter congress recommended several plans legislation subject suffices say proposed deal directly body citizens subject military duty call designated number population ages service army power recommended exerted clearly unmixed federal power dealing subject sphere authority given congress raise armies sphere right deal militia whether organized unorganized bill introduced giving effect plan opposition developed need stop consider substantially rested upon incompatibility compulsory military service free government subject said disposed peace came bill enacted mexican war legislation exactly portrayed condition mind previously stated war however draft suggested army created immediately resulting exercise congress power raise armies organized direction militia volunteer commands furnished proved adequate carry war successful conclusion course legislation date affords ground conception legislative power already stated year mutterings dread conflict come began heard proclamation president calling force existence issued addressed body organized militia trained accordance previous acts congress proclamation april stat force inadequate meet situation act passed authorizing acceptance volunteers president organized national army act july stat soon followed another act increasing force militia organized purpose drawn upon trained direction congress act july stat two acts considered together presenting clearest possible form distinction power congress raise armies authority militia clause soon became manifest men required result act march stat adopted entitled act enrolling calling national forces purposes act clearly intended directly exert upon citizens national power proposed exert recommendation secretary war monroe every male citizen ages made subject direct action congress called compulsory draft service national army time numbers president discretion might find necessary act one one means act enforced directly federal force raised result draft therefore typically national distinct call active service militia power thus exerted four separate calls draft made president enforced july february march july ber producing force quarter million men undoubted men thus raised draft treated subject direct national authority used either filling gaps occasioned vicissitudes war ranks existing national forces purpose organizing new units deemed required childish deny value added strength thus afforded indeed official report provost marshal general previously referred margin reviewing whole subject stated efficient aid resulting forces created draft critical moment civil strife obviated disaster seemed impending carried struggle complete successful conclusion brevity prevents call attention fact organized body militia within trained direction congress became known national guard act january stat national defense act june stat make preparation among great body citizens additional number determined president directed organized trained national guard reserve national defense act supra thus sanctioned act us text constitution significance read light fundamental principles subject concerned power recognized carried effect many civilized countries authority practice colonies revolution confederation government since formation constitution want merit contentions act particulars previously called upon consider beyond constitutional power congress manifest cogency however possible added demonstration pointing case referred constitutionality act contemporaneously challenged grounds akin absolutely identical urged validity act maintained reasons different control judgment kneedler lane evidence conclusion reach inevitable consequence provisions constitution effect follows cause briefly recur events another environment seceding wrote constitution adopted regulate government sought establish identical words provisions constitution consideration right enforce instrument selective draft law enacted differing principle one question challenged validity upheld evidently great consideration courts virginia georgia texas alabama mississippi north carolina opinions cases copiously critically reviewing whole grounds stated burroughs peyton grat jeffers fair daly fitzgerald harris supp barber irwin parker kaughman ex parte coupland tex ex parte hill emerson pille simmons miller miss gatlin walton reviewing subject hitherto considered argued point view constitution stood prior adoption fourteenth amendment avoid misapprehension briefly direct attention amendment purpose pointing frequently done completely broadened national scope government constitution causing citizenship paramount dominant instead subordinate derivative therefore operating upon powers conferred constitution leaves possible support contentions made want merit otherwise clearly made manifest remains consider contentions disputing power challenge act repugnancy constitution supposed result provisions first opinion contention act void delegation federal power state officials administrative features wanting merit require notice second think contention statute void vesting administrative officers legislative discretion completely adversely settled require reference decided cases field clark sup buttfield stranahan sup intermountain rate cases sup first national bank union trust sup like conclusion also adversely disposes similar claim concerning conferring judicial power buttfield stranahan sup west hitchcock sup ocean navigation stranahan sup zakonaite wolf sup pass without anything statement proposition establishment religion interference free exercise thereof repugnant first amendment resulted exemption clauses act outset referred think unsoundness apparent require us finally unable conceive upon theory exaction government citizen performance noble duty contributing defense rights honor nation result war declared great representative body people said imposition involuntary servitude violation prohibitions thirteenth amendment constrained conclusion contention effect refuted mere statement affirmed footnotes argument government stated statesman yearbook cites following governments enforcing military service argentine republic belgium brazil bulgaria bolivia columbia chili china denmark ecuador france greece germany guatemala honduras italy japan mexico montenegro netherlands nicaragua norway peru portugal roumania russia serbia siam spain switzerland salvador turkey see also recent canadian conscription act entitled service act august expressly providing service abroad printed congressional record september cong conscription law orange free state law military service commando law sections laws orange river colony south african republic locale wetten en der zuid afr republick law pp article constitution german empire april art dodd modern constitutions gesetz betreffend aenderungen der wehrpflicht vom gesetzblatt amended law july loi sur de recrutement de july duvergier vol modified act march duvergier vol military service act january george amended military service act may session george see also constitution vermont art thorpe vol pp new york art id vol massachusetts bill rights art id vol new hampshire pt bill rights art id vol delaware art id vol pp maryland art id vol pp virginia militia id vol georgia arts id vol pp journals congress ford library congress vol pp vol pp vol sparks writings washington pp act may stat act february stat act june stat act march stat act april stat act march stat act april stat upton military policy et seq historical report enrollment branch provost marshal general bureau march slaughter house cases wall cruikshank boyd thayer sup mcpherson blacker sup