ABSTRACT

The Selective Draft Law Cases brought to the Court appeals from convictions for evasion of the draft law. Among the many issues raised by the defendants was the question whether the classification contained in the language quoted from the statute was invalid as a violation of the first amendment separation clause. In 1931 when pacifism in this country and elsewhere was attaining new converts at a rapid rate, the Southern California Conference of the Methodist Episcopal Church adopted a resolution "to petition the United States Government to grant exemption from military service to such citizens who are members of the Methodist Episcopal Church, as conscientiously believe that participation in war is a denial of their supreme allegiance to Jesus Christ". The California Supreme Court first rejected the petition without opinion. More interesting than the majority opinion was that by Mr. Justice Cardozo, joined by Justices Brandeis and Stone.