ipl-logo

Analysis Of The Supreme Court Case: Welsh Vs. United States

912 Words4 Pages

Welsh vs. United States
The Supreme Court case I will be writing about is Welsh vs. United States. Elliot Ashton Welsh II was directed by Selective Service to go to physical examination on March 27, 1964. Welsh filed a conscientious objector status form which meant he was requesting to be exempt from the war. On the form, he crossed out the words, “my religious training and,” making the statement state, “by reason of ---- belief, consequently opposed to participation in war in any form,” then he marked no to answer the question of him believing in a Supreme Being and attached a note explaining his personal beliefs. The Court of Appeals did make note of his beliefs being, “beliefs are held with the strength of more traditional religious convictions.” …show more content…

United States (1965), because of the similarities between the two cases. The end result of the Seeger case was the court not being allowed to define the statement, “religious training and belief,” to mean, “belief in a relation to a Supreme Being.” The court from the Seeger case decided to base future rulings off of a section which states, “A sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying for the exemption comes within the statutory definition.” The court also made a note for this section which states, “The Section excludes those persons who disavowing religious belief decide on the basis of essentially political, sociological, or economic considerations that war is wrong and that they will have no part of …show more content…

The case was settled in a liberal 5-3 decision. The decision was that the Court believed Welsh’s belief to have met the test and so he was entitled to conscientious objector status and reversal of his conviction. Mr. Justice White along with the Chief Justice and Mr. Justice Stewart were the ones with a dissenting opinion. Here is a small part of their dissenting opinion, “Whether or not § 6(j) is constitutional, Welsh had no First Amendment excuse for refusing to report for induction. If it is contrary to the express will of Congress to exempt Welsh, as I think it is, then there no warrant for saving the religious exemption and the statue by redrafting it in this court to include Welsh and all others like him.” What they mean by this is that by them letting Welsh do this, they will have to do the same for other cases like this as well for they won’t contradict

Show More
Related

  • Us V Collier Case Summary

    1082 Words  | 5 Pages

    I. Case Name and Citation: a. U.S. v. Collier i. United States (Appellee) ii. Sgt William H. Collier Jr. (Appellant) b. U.S. v. Collier, 27 M.J. 806 (A.C.M.R. 1988) II. Facts: a. After an argument between Sgt.

    Read More

  • Supreme Court Case Study Of Gibbons V. Ogden (1824)

    886 Words  | 4 Pages

    Gibbons v. Ogden (1824) In 1803, New York State passed a law giving two men the exclusive rights to operate steamboats in New York waters. “ Navigating all boats that that might be propelled by steam, on all waters within the territory, or jurisdiction of the State, for the term of twenty years” (US National Archives & Records Administration n.d.). Later transferring the exclusive license to New Yorker Aaron Ogden. At the same time New Jersey’s own Thomas Gibbons operated a steamboat from New Jersey to New York with a federal license and soon was competing with each other.

    Read More

  • Heckler Vs Cornell Case Summary

    424 Words  | 2 Pages

    After reviewing the contents Appendix 2 of the Social Security Act he also determined that she was not entitled to her benefits. Ms. Campbell continued her fight into the District Court, which upheld the ruling. Ms. Campbell then continued her fight into the Second Circuit Court which then reversed the ruling. (Heckler vs. Campbell,

    Read More

  • Worcester V. Georgia Case Study

    491 Words  | 2 Pages

    Worcester v. Georgia By Sydney Stephenson Worcester v. Georgia is a case that impacted tribal sovereignty in the United States and the amount of power the state had over native American territories. Samuel Worcester was a minister affiliated with the ABCFM (American Board of Commissioners for Foreign Missions). In 1827 the board sent Worcester to join its Cherokee mission in Georgia. Upon his arrival, Worcester began working with Elias Boudinot, the editor of the Cherokee Phoenix (the first Native American newspaper in the United States) to translate religious text into the Cherokee language. Over time Worcester became a close friend of the Cherokee leaders and advised them about their political and legal rights under the Constitution and federal-Cherokee treaties.

    Read More

  • Engel V Vitale Summary

    145 Words  | 1 Pages

    The Supreme Court case of Engel v. Vitale’s decision was based on the establishment clause. The case of Engel v. Vitale struck down state organized prayer in school. The prayer had government endorsement and was thus considered unconstitutional. The Supreme Court case of Oregon v. Smith used the free exercise clause the basis of their decision.

    Read More

  • Employment Division V Smith Case Summary

    454 Words  | 2 Pages

    The 1990 case of Employment Division v. Smith is about Smith and Black who were both members of a Native American Church and counselors at a private drug rehabilitation clinic. They were both fired because they had taken peyote as a part of their religious ceremonies, at that time the possession of peyote was a crime under the State law. The counselors filed for unemployment in the state, but were denied by the Employment Division because the reason for their unemployment was work-related misconduct. Smith and Black argued, stating that under the First Amendment the government is forbidden from prohibiting the "free exercise" of religion in this case the free exercise of peyote. Court of Appeals reversed the ruling, saying that denying them unemployment benefits for their religious use of peyote violated their right to as it was a part of their religion.

    Read More

  • Abington SD Vs. Schempp Case Study

    578 Words  | 3 Pages

    Abington SD vs. Schempp This case concerns Bible reading in the public schools of Pennsylvania. When the students who attended arrived for school, they were required to read at least ten verses from the Bible. After that, they were required to recite the Lord’s Prayer. The only way to avoid these activities was written note from the parents. The United States Supreme Court favored Schempp and declared this Bible reading to be unconstitutional.

    Read More

  • Supreme Court Cases: Bands V. United States

    1408 Words  | 6 Pages

    Rulings such as The Prize Cases 1862, Ex parte Merryman 1861, Ex parte Milligan 1866, Korematsu v. United States 1944, Youngstown Sheet and Tube v. Sawyer 1952, Rasul v Bush/ Handi v. Rumsfeld 2004, Bands of State of Washington v. United States 1929, Train v. City of New York 1975, Clinton v. City of New York 1998, United States v. Nixon 1974, Nixon v. Fitzgerald 1982, Clinton v. Jones 1997, Myers v. United States 1926 are Supreme Court cases that were fought to control the power of the president. Even the most influential and honored president has abused of the power granted to them. In the court case, Ex parte Milligan 1866 president Abraham Lincoln suspended the writ of habeas corpus ignoring the ruling that it was unconstitutional. Court case Korematsu v. United States 1944 questioned if the ruling of president Franklin Roosevelt Executive Order 9066 was constitutional as it placed Japanese- Americans in internment camps during World War II regardless of their citizenship. Court case Youngstown Sheet and Tube v. Sawyer 1952

    Read More

  • How Did The Scopes Trial And Its Effect On American History

    203 Words  | 1 Pages

    The Scopes "Monkey" Trial The Scopes Trial was a monumentally important event in American history Effect on Education Effects on Society And Its Effects On Religion, Society, and Education Some effects were short-term, some were long-term Effects on Religion The major effect this court case had on religion in America, was that it pointed out the blatant refusal by many States (particularly in the South) to follow the guideline of "Separation of Church and State" set by the Founding Fathers. While they believed they were doing what was best, they were infringing upon the rights of everyone who did not hold the same beliefs as them (for example, Scopes' belief that evolution should be allowed to be taught in schools). Another religious repercussion

    Read More

  • Engel V. Vitale Summary

    426 Words  | 2 Pages

    The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable

    Read More

  • Vance V. Terrazas Summary

    584 Words  | 3 Pages

    First, it was acknowledged that every individual is protected against losing their citizenship according to the Fourteenth Amendment, in Afroyim v. Rusk. That the Constitution requires, “clear and convincing evidence” that citizenship was voluntary denounced, which Congress does not have the power to constitute the standard of. Secondly, the court recognized that even though in the case of Nishikawa v. Dulles it was ruled that Congress does have the right to supply the standard of evidential proof; the case was not a fair decision based on the Constitution. Proof was left to Terrazas to show that he did not mean to denounce his citizenship.

    Read More

  • Muhammad Ali Vietnam War Essay

    983 Words  | 4 Pages

    In 1964, Muhammad Ali, one of America’s most polarizing and famous athletes for his boxing career, was being drafted to the military. Ali fizzled the U.S. Military qualifying test in light of the fact that his written work and spelling aptitudes were below the national standard. Because of the Vietnam War spiraling down as a lost war effort, the test norms were brought down in November 1965. Ali was then ultimately eligible for the draft and was to be named into the military. He was also going to be called for an act of duty due to the lack of soldiers in Vietnam, an already unpopular war (Cassius Marsellus CLAY, Jr.).

    Read More

  • Supreme Court Case Essay

    537 Words  | 3 Pages

    “There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.

    Read More

  • Engel V Vitale

    650 Words  | 3 Pages

    On June 25, 1962, a Supreme Court case, Engel v. Vitale, 370 U.S. 421, was decided. The lawsuit was brought to the United States Supreme Court by parents (of students who attended schools in the Herricks School District) who complained that a nondenominational prayer instituted by the New York Board of Regents in their district was unconstitutional. The parents argued that the prayer, although optional, violated their First Amendment Rights. When the 6-1 (two justices did not vote) decision was made, it was ruled that voluntary prayer in public schools violates the Establishment Clause in the First Amendment of the United States Constitution. One concurring opinion was given, and the single judge that did not vote the same as the rest provided

    Read More

  • Scopes Monkey Trial Essay

    635 Words  | 3 Pages

    The Scopes Monkey trial was one the biggest and most influential court cases of all time. John Scopes was a public high school teacher in dayton tennessee who was arrested and tried for breaking the butlers law. Passed in 1925 it made teaching evolution in any schools and colleges in the state of Tennessee illegal. This was because evolution challenges the idea of creationism which was the popular religion in the tennessee. this was a huge problem because it was written in the constitution that you must separate church and state.

    Read More

More about Analysis Of The Supreme Court Case: Welsh Vs. United States

Open Document