Isabella Carter
Conscientious objectors are protected by the First Amendment, which states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. The Supreme Court has ruled that the First Amendment protects conscientious objectors, including those who do not believe in a single Supreme Being. However, there have been cases where conscientious objector status has been denied, such as in United States v. Macintosh (1931) and Gillette v. United States (1971).
| Characteristics | Values |
|---|---|
| Conscientious objectors protected by | First Amendment |
| Conscientious objectors not protected by | First Amendment's protection does not extend to those applying for citizenship |
| Conscientious objectors must have | Belief in a Supreme Being |
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What You'll Learn
Conscientious objectors and religious freedom
Conscientious objection and religious freedom are protected by the First Amendment. In Sicurella v. United States (1955), the conviction of a Jehovah’s Witness who was refused conscientious objector status was overturned. In United States v. Seeger (1965), the Supreme Court expanded the concept of religion that is protected under the First Amendment in a case involving a conscientious objector who did not believe in a single Supreme Being. The Court construed the language of the exemption limiting the status to those who by "religious training and belief" (that is, those who believed in a "Supreme Being"), to mean that a person must have some belief which occupies in his life the place or role which the traditional concept of God occupies in the orthodox believer.
In Clay v. United States (1971), the denial of conscientious objector status to Cassius Clay was rejected. The "right to conscience" is protected by the First Amendment. In Commonwealth v. Lesher (Penn. S.C.) (1828), the Pennsylvania Supreme Court upheld a judge’s decision to remove a juror who opposed the death penalty. The court questioned how a judge could have forced a juror to "take the affirmation, which in his own heart he was determined to disregard".
In Gilbert v. Minnesota (1920), the Supreme Court upheld the conviction of Joseph Gilbert for criticising conscription and U.S. participation in World War I. In Gillette v. United States (1971), the court denied a draft exemption to a man who refused to participate in the Vietnam War but would have fought in a war of self-defence.
The protection of conscientious objectors is related to the difficulty in separating sincere conscientious objectors to particular wars from others with fraudulent claims. This includes the maintenance of a fair and efficient selective service system and protection of the integrity of democratic decision-making.
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Conscientious objectors and the First Amendment
The First Amendment protects conscientious objectors. In Sicurella v. United States (1955), the conviction of a Jehovah’s Witness who was refused conscientious objector status was overturned. In Clay v. United States (1971), the denial of conscientious objector status to Cassius Clay was rejected. The "right to conscience" is protected by the First Amendment.
In United States v. Seeger (1965), the Supreme Court expanded the concept of religion that is protected under the First Amendment in a case involving a conscientious objector who did not believe in a single Supreme Being. The Court construed the language of the exemption limiting the status to those who by "religious training and belief" (that is, those who believed in a "Supreme Being"), to mean that a person must have some belief which occupies in his life the place or role which the traditional concept of God occupies in the orthodox believer.
However, in United States v. Macintosh (1931), it was rejected that the First Amendment’s protection of conscientious objectors extended to those applying for citizenship.
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Conscientious objectors and citizenship
Conscientious objectors are protected by the First Amendment of the US Constitution. The First Amendment states that 'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances'.
In Clay v. United States (1971), Cassius Clay's denial of conscientious objector status was rejected. The 'right to conscience' is protected by the First Amendment. In Commonwealth v. Lesher (Penn. S.C.) (1828), the Pennsylvania Supreme Court upheld a judge's decision to remove a juror who opposed the death penalty. The court questioned how a judge could have forced a juror to 'take the affirmation, which in his own heart he was determined to disregard'.
In United States v. Seeger (1965), the Supreme Court expanded the concept of religion that is protected under the First Amendment in a case involving a conscientious objector who did not believe in a single Supreme Being. The Court construed the language of the exemption limiting the status to those who by 'religious training and belief' (that is, those who believed in a 'Supreme Being'), to mean that a person must have some belief which occupies in his life the place or role which the traditional concept of God occupies in the orthodox believer.
However, in United States v. Macintosh (1931), it was rejected that the First Amendment's protection of conscientious objectors extended to those applying for citizenship.
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Conscientious objectors and democratic decision-making
Conscientious objectors are protected by the First Amendment, which upholds the 'right to conscience'. This was demonstrated in Clay v. United States (1971), which rejected a denial of conscientious objector status to Cassius Clay.
The First Amendment also protects conscientious objectors' freedom of speech. In State v. Gruber (Md. Cty. Ct.) (1819), Jacob Gruber’s First Amendment right of speech was defended after he was prosecuted for an antislavery sermon.
However, the First Amendment’s protection of conscientious objectors does not extend to those applying for citizenship. This was established in United States v. Macintosh (1931).
The protection of conscientious objectors is related to the difficulty in separating sincere conscientious objectors to particular wars from others with fraudulent claims. This includes the maintenance of a fair and efficient selective service system and protection of the integrity of democratic decision-making.
In United States v. Seeger (1965), the Supreme Court expanded the concept of religion that is protected under the First Amendment in a case involving a conscientious objector who did not believe in a single Supreme Being. The Court construed the language of the exemption limiting the status to those who by 'religious training and belief' (that is, those who believed in a 'Supreme Being'), to mean that a person must have some belief which occupies in his life the place or role which the traditional concept of God occupies in the orthodox believer.
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Conscientious objectors and the right to conscience
Conscientious objectors are protected by the First Amendment of the US Constitution. In the 1965 case of United States v. Seeger, the Supreme Court expanded the concept of religion protected under the First Amendment to include conscientious objectors who do not believe in a single Supreme Being.
The First Amendment protects the right to freedom of speech and religion, and the right to peaceably assemble and petition the government. This includes the "right to conscience", as seen in Clay v. United States (1971), where Cassius Clay's conscientious objector status was upheld.
However, there have been cases where conscientious objector claims have been rejected. In United States v. Macintosh (1931), the court rejected the idea that the First Amendment's protection of conscientious objectors extended to those applying for citizenship. In Gillette v. United States (1971), the court denied a draft exemption to a man who refused to participate in the Vietnam War but would have fought in a war of self-defence.
The difficulty in these cases lies in separating sincere conscientious objectors from those with fraudulent claims. The courts must balance the protection of individual rights with the maintenance of a fair and efficient selective service system and the integrity of democratic decision-making.
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Frequently asked questions
Yes, the First Amendment protects conscientious objectors.
A conscientious objector is someone who objects to participating in war on the grounds of conscience.
The First Amendment is part of the US Constitution. It protects freedom of speech, religion, and the right to peaceably assemble.
Yes, in United States v. Macintosh (1931), the court rejected that the First Amendment's protection of conscientious objectors extended to those applying for citizenship.
Yes, in Sicurella v. United States (1955), the conviction of a Jehovah's Witness who was refused conscientious objector status was overturned.
