Clay v. United States - Milestone Documents

Clay v. United States

( 1971 )

Questions for Further Study

  • 1.: One of the requirements for conscientious objector status is sincerity of belief. How can a draft board or a court measure the sincerity of a person’s beliefs? What evidence might it rely on?
  • 2.: Do you think that the outcome of this case would have been different if Clay had been an ordinary citizen rather than a highly admired athlete? Why or why not?
  • 3.: What is your position on the issue of whether the Nation of Islam opposed the war in Vietnam on religious rather than political and racial grounds? For help, see Stokely Carmichael’s “Black Power” and Malcolm X’s “After the Bombing.”
  • 4.: By 1971, it was becoming apparent that the U.S. effort in Vietnam was failing. Further, there was considerable discussion of moving to an all-volunteer army, which became a reality in 1973. To what extent do you think these developments might have influenced the Court’s decision?
  • 5.: In your opinion, were the religious grounds that Clay/Ali cited for opposing war legitimate? Did they provide ample grounds for the Court’s reversal of Clay’s conviction?
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Chief Justice Warren Burger (Library of Congress)

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