UNITED STATES OF AMERICA, APPELLEE,
v.
JOHN CLYDE PERRIN, APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the Military Selective Service Act of 1967 is constitutional and affirmed the conviction for refusing induction.
Appellant was convicted of refusing induction into the Armed Services. He appealed, challenging the constitutionality of the Military Selective Servic…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Establishment Clause cases and more on FLexlaw
PER CURIAM:
Appellant was convicted of refusing induction into the Armed Services. On appeal, he limits his attack to the constitutionality of the Military Selective Service Act of 1967, 62 Stat. 604, 50 U.S.C.App. §§ 451-73. We affirm.
Appellant’s failure to present to his local board any of the issues now raised does not preclude judicial review where, as here, the challenge is to the validity of the Act on its face. McKart v. United States, 395 U.S. 185, 89 S.Ct. 185, 23 L.Ed.2d 194 (1969); United States v. Mitchell, 369 F. 2d 323 (2d Cir. 1966). Nevertheless, we are foreclosed by prior decisions of this and other courts from ruling in favor of appellant on any of the issues presented.
(1) Congress has the power to conscript during peace-time. United States v. Hogans, 369 F. 2d 359 (2d Cir. 1966); Etcheverry v. United States, 320 F. 2d 873 (9th Cir. 1963); Richter v. United States, 181 F. 2d 591 (9th Cir. 1950).
(2) A challenge to the use of troops in Vietnam is premature in a prosecution for refusing induction. Rusk v. United States, 419 F. 2d 133 (9th Cir. 1969); Simmons v. United States, 406 F. 2d 456 (5th Cir. 1969); United States v. Mitchell, supra.
(3) The conscientious objector provision, 50 U.S.C.App. § 456(j), as recently construed, is not invalid as a law “respecting the Establishment of Religion.” Welsh v. United States, 398 U.S. 333, 90 S.Ct. 1792, 26 L.Ed.2d 308 (1970).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Jacques, 463 F.2d 653 (1st Cir. 1972)
-
United States v. Wright, 474 F.2d 853 (9th Cir. 1973)
Authorities Cited
- McKART v. United States, 395 U.S. 185 (U.S. 1969)
- Welsh v. United States, 398 U.S. 333 (U.S. 1970)
- Simmons v. United States, 406 F.2d 456 (5th Cir. 1969)
- United States v. Mitchell, 369 F.2d 323 (2d Cir. 1966)
- Rusk v. United States, 419 F.2d 133 (9th Cir. 1969)
- Frederic Wayne Etcheverry v. United States, 320 F.2d 873 (9th Cir. 1963)
- Richter v. United States, 181 F.2d 591 (9th Cir. 1950)
- United States v. Hogans, 369 F.2d 359 (2d Cir. 1966)