People v Zosa; 38 O.G. 1676

in Legal Chyme by

Appellants were charged with violation of the National Defense Law for refusing to register in the military service despite being required to do so. They were sentenced to imprisonment for a month and a day.

Whether or not the National Defense Law violates the constitutional right against involuntary servitude.

NO. The duty of the Government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty of the Government excusable should there be no sufficient men who volunteer to enlist therein.

Assailed judgment is AFFIRMED.

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