Facts of the Case Sicurella, a member of Jehovah’s witnesses, petitioned the right to sign up for Selective Service Program and fighting in any sort of physical war. The Selective Service Programs requires all men over the age of 18 to sign up or face criminal punishment
The U.S. Court of Appeals 7th circuit ruled in favor of the selective service system and that Sicurella should be forced to sign up for and participate in the military draft. Issues Sicurella believed that as Jehovah’s witness he should be able to abstain from Selective Service System since he does not support fighting in any physical wars with carnal weapons. This is an ultimate challenge of whether he is participating within his constitutional right of freedom of religion. …show more content…
Justice John Marshall Harlan II was appointed on March 16, 1955, was the missing justice on the vote, due to the death of Justice Jackson in October 1954.
Reasoning
1.Sicurella would be able to use “spiritual weapons” instead of “carnal” ones and that by saying he would use self-defense and fight for Kingdom interests does not disqualify him from participating in “any form of war” as consistent with federal law. 2.By making his conscientious objection related to his religious beliefs Congress should allow him to be a conscientious objector, and by his “willingness to fight in a “theoretical war” does not change the option. 3. Congress meant that “war of any kind,” meant wars that are fought during our time on Earth.
Separate Opinions Justice Reed, dissenting, suggested that it was more important that for Americans to serve together, and that Sicurella’s form of a “theoretical war” is a real war. Justice Minton also dissented by saying that the Supreme Court is not a court of review and that the court of appeals decision is final based on Estep v. United States. In addition, he also supported Reed that Sicurella would be willing to fight in other forms of
The U.S. Court of Appeals 7th circuit ruled in favor of the selective service system and that Sicurella should be forced to sign up for and participate in the military draft. Issues Sicurella believed that as Jehovah’s witness he should be able to abstain from Selective Service System since he does not support fighting in any physical wars with carnal weapons. This is an ultimate challenge of whether he is participating within his constitutional right of freedom of religion. …show more content…
Justice John Marshall Harlan II was appointed on March 16, 1955, was the missing justice on the vote, due to the death of Justice Jackson in October 1954.
Reasoning
1.Sicurella would be able to use “spiritual weapons” instead of “carnal” ones and that by saying he would use self-defense and fight for Kingdom interests does not disqualify him from participating in “any form of war” as consistent with federal law. 2.By making his conscientious objection related to his religious beliefs Congress should allow him to be a conscientious objector, and by his “willingness to fight in a “theoretical war” does not change the option. 3. Congress meant that “war of any kind,” meant wars that are fought during our time on Earth.
Separate Opinions Justice Reed, dissenting, suggested that it was more important that for Americans to serve together, and that Sicurella’s form of a “theoretical war” is a real war. Justice Minton also dissented by saying that the Supreme Court is not a court of review and that the court of appeals decision is final based on Estep v. United States. In addition, he also supported Reed that Sicurella would be willing to fight in other forms of