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''In re Summers'', , is a 5-to-4 ruling by the United States Supreme Court which held that the First and Fourtheenth amendment freedoms of a conscientious objector were not infringed when a state bar association declined to admit him to the practice of law. The Illinois Constitution required〔This provision has subsequently been removed.〕 citizens to serve in the state militia in time of war, and all lawyers admitted to the bar were required to uphold the state constitution.〔Sheffer, ''God Versus Caesar: Belief, Worship, and Proselytizing Under the First Amendment,'' 1999, p. 159.〕 Petitioner Clyde Summers could not uphold that constitutional requirement due to his religious beliefs, and the Supreme Court upheld the denial of his license of practice.〔Schultz, West, and MacLean, ''Encyclopedia of Religion in American Politics,'' 1999, p. 237-238.〕 == Background == Clyde Summers entered the University of Illinois at the age of 16, earning a Bachelor of Science in accounting in 1939 and a J.D. (cum laude) in 1942.〔(Greenhouse, Steven. "Clyde Summers, Advocate of Labor Union Democracy, Is Dead at 91." ''New York Times.'' November 11, 2010. )〕〔Joseph, ''Black Mondays: Worst Decisions of the Supreme Court,'' 1987, p. 47.〕 While an undergraduate and law student, Summers became active in the Methodist Student Movement and a believer in the social gospel.〔Goldberg, "Present at the Creation: Clyde Summers and the Field of Union Democracy Law," ''Employee Rights and Employment Policy Journal,'' 2010, p. 122.〕 The United States entered World War II on December 8, 1941. Summers, opposed to the use of force, declared himself a conscientious objector.〔Shearer, ''Home Front Heroes,'' 2007, p. 790.〕 In 1942, Summers sought admission to the Illinois State Bar Association, a prerequisite to the practice of law in the state of Illinois. The bar association admitted he was of high moral character and exhibited excellent knowledge of the law, but in January 1943 denied him admission due to his conscientious objector status.〔Konvitz, ''Fundamental Liberties of a Free People: Religion, Speech, Press, Assembly,'' 2003, p. 224-225; ''In re Summers'', 325 U.S. 561, 564.〕 Article 12 of the Illinois constitution required citizens to serve in the state militia in time of war, and all lawyers admitted to the bar were required to uphold the state constitution.〔 However, Illinois had not drafted citizens into its state militia since 1864, Article 12 prohibited the drafting of conscientious objectors into the militia during peacetime, and the article permitted conscientious objectors to engage in work of significant national importance during war in lieu of military service.〔 Nonetheless, Summers could not uphold the relevant constitutional requirement due to his religious beliefs, the bar association said.〔 With representation by the American Civil Liberties Union,〔Kutulas, ''The American Civil Liberties Union and the Making of Modern Liberalism: 1930-1960,'' 2006, p. 130.〕 Summers sued, alleging that the bar association's actions had infringed his First and Fourteenth amendment rights. The Supreme Court of Illinois held that 1) The courts had no jurisdiction over the issue, and thus no "case or controversy" existed under Article Three of the Constitution; and 2) The bar association had not discriminated against Summers on the basis of his religion but rather on the basis of his ability to uphold the military service section of the Illinois state constitution.〔''In re Summers'', 325 U.S. 561, 564-565.〕 Summers appealed to the U.S. Supreme Court, and which granted certiorari. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「In re Summers」の詳細全文を読む スポンサード リンク
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