Reclaiming the In-Service Conscientious Objection Program: Proposals for Creating a Meaningful Limitation to the Claim of Conscientious Objection by ProQuest

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									    Reclaiming the In-Service Conscientious Objection Program: Proposals for Creating a Meaningful Limitation to the
                                            Claim of Conscientious Objection

                                                               Major Joseph B. Mackey∗

             Indeed, it seems that just as Voltaire could say that the Holy Roman Empire was neither holy, nor Roman,
              nor an empire, it could now be said that the [conscientious objection] exemption is available to those who
             are not religious in any orthodox sense, who have had no training whatever and whose assertion cannot be
                                                          empirically tested.1

I. Introduction

     The conscientious objection exemption to involuntary military service is an important tradition in the United States, but
the governing military regulations have resulted in judicial interpretation that has expanded it far beyond its original scope.
This expansion adversely affects the U.S. military primarily in two ways. First, heightened judicial scrutiny of the
government’s decisions concerning in-service conscientious objection applications has the effect
								
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