BERMAN
v.
UNITED STATES

U.S. | 1946-12-23
No. 538
329 U.S. 795 Supreme Court of the United States (1946) Negative Treatment
Cited by 42 cases

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Cited By (22 total)

  • United States v. Seeger, 380 U.S. 163 (U.S. 1965)
    …eligious training and belief in his relation to a Supreme Being, is conscientiously opposed to combatant military service or to both combatant and noncombatant military service. (See United States v. Berman [sic], 156 F. (2d) 377, certiorari denied, 329 U. S. 795.)” S. Rep. No. 1268, 80th Cong., 2d Sess., 14. Interpretation of § 6 (j). 1. The crux of the problem lies in the phrase “religious training and belief” which Congress has defined as “belief in a relation to a Supreme Being involving duties superio…
  • Welsh v. United States, 398 U.S. 333 (U.S. 1970)
    …ious training and belief in his relationship to a Supreme Being, is conscientiously opposed to combatant military service or to both combatant and noncombatant military service. (See United States v. Berman [sic], 156 F. (2d) 377, certiorari denied, 329 U. S. 795.)” S. Rep. No. 1268, 80th Cong., 2d Sess., 14,4 [*351] B Against this legislative history it is a remarkable feat of judicial surgery to remove, as did Seeger, the theistic requirement of § 6 (j). The prevailing opinion today, however, in the name…
  • United States v. Arno Sascha Jakobson, 325 F.2d 409 (2d Cir. 1963)
    …1 F. 2d 845 (2 Cir. 1944). Soon afterwards, however, the Ninth Circuit denied Herman Berman’s right to exemption, although his views came closer to Phillips’ and Reel’s than to Kauten’s. Berman v. United States, 9 Cir., 156 F. 2d 377, cert. denied 329 U.S. 795, 67 S.Ct. 480, 91 L.Ed. 680 (1946). In the course of its opinion, the court quoted a phrase in Chief Justice Hughes’ dissent in United States v. Macintosh, 283 U.S. 605, 633-634, 51 S.Ct. 570, 75 L.Ed. 1302 (1931), that “The essence of religion is…
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