William O. Douglas

“ It was on July 28, 1965, with the announcement of the President that the strength of our armed forces in Viet Nam would be increased from 75,000 to 125,000 men and monthly draft calls enlarged from 17,000 to 35,000 that the Nation as a whole first probably realized that the Southeast Asian conflict would result in an extensive peacetime draft at home. ”

“ I, § 8, authorize draft of conscientious objectors for civilian work so long as there are men in the draft pool eligible for combatant service who are not called for induction.
The Government contends that petitioner does not have standing to attack denial of the minister's exemption because he did not take an administrative appeal of his classification by the Local Board. But the Government quite properly does not claim that bars judicial review of the peacetime draft issue ”

“ Petitioner urges that the power of Congress under Art. I, § 8, of the Constitution to 'raise and support armies' does not authorize a draft in time of peace. His argument is: 'There is no declared war being conducted today by the United States ”