|
|
Gonzales v. United States, 348 U.S. 407 (1955)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Gonzales v. United States, 348 U.S. 407 (1955)
Gonzales v. United States No. 69 Argued February 1-2, 1955 Decided March 14, 1955 348 U.S. 407
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Petitioner, a member of Jehovah’s Witnesses who had claimed and had been denied conscientious objector exemption, was convicted under the Universal Military Training and Service Act for refusal to submit to induction into the armed forces.
Held: the failure to furnish petitioner with a copy of the recommendation made by the Department of Justice to the Appeal Board under the provisions of § 6(j) of the Act deprived petitioner of the right to present his side of the case to the Appeal Board, and the conviction is reversed. Pp. 408-417.
(a) Although not expressly required by § 6(j) of the Act, it is implicit in the Act and Regulations that a copy of the recommendation of the Department be furnished the registrant at the time it is forwarded to the Appeal Board, and that he be afforded an opportunity to reply. Pp. 411-414, 417.
(b) The right to file a statement before the Appeal Board includes the right to file a meaningful statement, one based on all the facts in the file and made with awareness of the recommendations and arguments to be countered. Pp. 414-416.
(c) Petitioner’s rights were not adequately protected by the provision in the regulations for a mode of "rehearing." Pp. 416-417.
212 F.2d 71 reversed.
Petitioner was convicted under the Universal Military Training and Service Act for refusal to submit to induction into the armed forces. 120 F. Supp. 730. The Court of Appeals affirmed. 212 F.2d 71. This Court granted certiorari. 348 U.S. 811. Reversed, p. 417.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Gonzales v. United States, 348 U.S. 407 (1955) in 348 U.S. 407 348 U.S. 408. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=IJDGGY6VLW1RIHW.
MLA: U.S. Supreme Court. "Syllabus." Gonzales v. United States, 348 U.S. 407 (1955), in 348 U.S. 407, page 348 U.S. 408. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=IJDGGY6VLW1RIHW.
Harvard: U.S. Supreme Court, 'Syllabus' in Gonzales v. United States, 348 U.S. 407 (1955). cited in 1955, 348 U.S. 407, pp.348 U.S. 408. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=IJDGGY6VLW1RIHW.
|