United States ex rel. Russell v. Lawrence

(after stating the facts as above).

Two questions call for decision. The first is whether the process of induction was completed and the petitioner is in the Army. The second is whether, assuming that he is in the Army, the failure of Local Board No. 1, Coos County, Oregon, located at Marshfield, to classify him as a minister was an arbitrary and capricious act unsupported by substantial evidence.

In determining both issues, it is well to advert to certain general principles. The right to wage war is co-existent with the right of sovereignty. The war powers of the United States are plenary.…