Richter

Appellant Richter was found guilty of willful failure to register for selective service under the provisions of the Selective Service Act of 1948, 50 U.S.C.A.Appeñdix, § 451 et seq. On appeal, Richter, .a conscientious objector, claims that the Act, as applied to him, violates his right of religious freedom under the First Amendment, and is, therefore, unconstitutional. .The district court proceeded, for the purpose of the case, on the assumption that appellant’s beliefs were religious in character, within the meaning and protection of the First Amendment, but, nevertheless, held that they were not unconstitutionally infringed by the mere requirement of registration under the Act in question.

In advance of his principal argument, appellant contends that Congress has no constitutional power to raise a peacetime army by conscription. There is no merit to this claim. The government has the right to the military service of all of its able-bodied citizens, and may, when an emergency arises, justly exact that service from all. In re Grimley, 137 U.S. 147 , 11 S.Ct. 54 , 34 L.Ed. 636 . The power to raise and support armies is not limited to time of war. Congress has the power to compel…