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Military, War, and Peace

Cleveland State University

Journal

Conscientious objector

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

How Conscientious Objectors Killed The Draft: The Collapse Of The Selective Service During The Vietnam War, Bill Raley Mar 2020

How Conscientious Objectors Killed The Draft: The Collapse Of The Selective Service During The Vietnam War, Bill Raley

Cleveland State Law Review

This Article argues that a key-but-overlooked factor in the Vietnam-era breakdown of the draft system was the Supreme Court’s expansion of the religious conscientious objector ("CO") exemption. It asserts that the Court understood that the CO exemption violated the Establishment Clause, but rather than strike the exemption down, the Court avoided the constitutional issue by interpreting away the religious element of CO statutes. The Article concludes that the Court’s rulings caused CO exemptions to skyrocket, which in turn caused the draft system to collapse toward the end of the Vietnam War.


Conscientious Objection To War: The Background And A Current Appraisal, Richard P. Fox Jan 1982

Conscientious Objection To War: The Background And A Current Appraisal, Richard P. Fox

Cleveland State Law Review

This article reviews the legal history of conscientious objection to war in the United States. Then the current status of the law and the 1982 Selective Service Regulations are discussed and appraised. It is hoped that some of the popular misconceptions regarding conscientious objection will be dissipated by this article.