Holmes v. United States/Opinion of the Court

Denied.

Memorandum of Mr. Justice STEWART.

This case, like Hart v. United States, No. 1044, Misc., 391 U.S. 956, 88 S.Ct. 1851, 20 L.Ed.2d 871, involves the power of Congress, when no war has been declared, to enact a law providing for a limited period of compulsory military training and service, with an alternative of compulsory domestic civilian service under certain circumstances. It does not involve the power, in the absence of a declaration of war, to compel military service in armed international conflict overseas. If the latter question were presented. I would join Mr. Justice Douglas in voting to grant the writ of certiorari.

Mr. Justice DOUGLAS, dissenting.