United States v. Lynn Roy Higgins

Lynn Roy Higgins, age 20, was declared delinquent by his local draft board in Rochester, New York, for failure to have his Selective Service classification card in his possession, and he was ordered to report for induction into the armed forces January 8, 1968. When he did not do so, he was convicted of failing to report for and submit to induction, in violation of 50 U.S.C. App. § 462(a). He was sentenced to a term of imprisonment of one year and one day.

The appellant argues that the Military Selective Service Act of 1967, 50 U.S.C. App. § 451 et seq., was enacted in violation of the Tenth…