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McGee v. United States, 402 U.S. 479 (1971)
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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.
McGee v. United States, 402 U.S. 479 (1971)
McGee v. United States No. 362 Argued February 23, 1971 Decided May 17, 1971 402 U.S. 479
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner applied in 1966 for conscientious objector status to his local Selective Service board, which advised him that his claim would be passed on when his student deferment expired. His board was told in 1967 that petitioner had been accepted for a graduate program where, in petitioner’s own view, he would "probably qualify" for a theological exemption. However, no request for ministerial student status was made, nor was pertinent supporting information presented. Petitioner refused to fill out a current information questionnaire sent to him on his graduation from college, announcing that he would not cooperate with the Selective Service System. Following the local board’s subsequent reclassification of petitioner I-A, he did not seek a personal appearance before the board or appeal board review. Petitioner thereafter refused to submit to induction, for which, along with other draft law violations, he was prosecuted and convicted. The Court of Appeals, rejecting petitioner’s defense that the local board had erred in its classification, affirmed.
Held: Petitioner’s failure to exhaust his administrative remedies jeopardized the interest of the Selective Service System, as the administrative agency responsible for classifying registrants, in developing the facts and using its expertise to assess his claims to exempt status, and thus bars petitioner’s defense that he was erroneously classified. McKart v. United States, 395 U.S. 185, factually distinguished. Pp. 483-491.
426 F.2d 691, affirmed.
MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACK, HARLAN, BRENNAN, STEWART, WHITE, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 492.
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Chicago: U.S. Supreme Court, "Syllabus," McGee v. United States, 402 U.S. 479 (1971) in 402 U.S. 479 402 U.S. 480. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=MV3L82D7CSQ9D95.
MLA: U.S. Supreme Court. "Syllabus." McGee v. United States, 402 U.S. 479 (1971), in 402 U.S. 479, page 402 U.S. 480. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MV3L82D7CSQ9D95.
Harvard: U.S. Supreme Court, 'Syllabus' in McGee v. United States, 402 U.S. 479 (1971). cited in 1971, 402 U.S. 479, pp.402 U.S. 480. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=MV3L82D7CSQ9D95.
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