Word: draft
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Dates: during 1970-1979
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Collins's appeal is based on the technical grounds that he had received incorrect information from his draft board. But more importantly, there is the issue of the residency requirement of members of the draft board. His lawyers claim in their briefs (citing the "lawless board" doctrine found in the Court's ruling in Oestereich v. Selective Service System Local Board), "There should be one law for the governors and the governed, binding both alike. A draft board not constituted in accordance with the statute and regulations is a "Lawless board" without the power to classify...
...School (1946-67). Irwin Griswold, responded to this position in the government's brief with the astounding argument that the composition of local boards does not "deprive the orders of the local boards of legal effect because...they are acts of a de facto political authority." In other words, draft hoards are above their own laws...
...seemed that there would be hope for Collins's appeal. On April 24, 1970 the Sixth District Court in New Orleans threw out the conviction of a white man. Oscar E. Clinton, for draft evasion, Like Collins, Clinton claimed hat board members lived outside his area. The Court ruled that this violated the defendant's rights. But the Sixth District Court of Appeals in New Orleans apparently choice to ignore this ruling three days later when it upheld Collins's conviction...
THIS INCIDENT illustrates the gap between whit and black justice. Of the 28 draft resister cases reviewed by the Supreme Court since 1965, only three of the appellants were black. Muhammad Ali has been the only black draft resister in this group to win at this highest level, but the fight caused the destruction of his career. In addition to Collins's case the Supreme Court has refused to hear many other cases of the Supreme Court has refused to hear many other cases black activists convicted of draft evasion, including those better-known cases of Fred Brooks, Nashville black...
...Selective Service has a documented history of racism. the issue of black representation on local boards raised in Collins's case is a sore point for the draft boards. In 1942 only 250 draft board members (slightly over 1 per cent of the total) were black. In 1967, twenty-five years later, blacks had only scored a net gain of eleven members, up to 261. Progress has been made since then, but he total now only gives blacks 6.6 per cent (1.265 blacks out of a total...