Hamilton v. Regents of the University of California
Encyclopedia
Hamilton v. Regents of the University of California
, was a decision of the Supreme Court of the United States
that upheld the "right
of California
to force
its university students to take classes in military training
" and reiterated that "[i]nstruction in military science
is not instruction in the practice or tenets of a religion." It was also held that the University of California
constituted a corporation created by the state to administer the University, its president, and its provost, and as held is a constitutional department or function of the state government and as such an order by the regents is in effect a statute or law of the state.
. The act stated that "in order to fulfil the requirements of the said Act of Congress, all able-bodied male students of the University, whether pursuing full or partial courses in any college, or as students at large, shall receive instruction and discipline in military tactics in such manner and to such extent as the Regents shall prescribe, the requisite arms for which shall be furnished by the State". On September 15, 1931, the regents promulgated an order requiring students to take the course in military science and tactics in the Reserve Officers Training Corps as proscribed by the War Department
. The order proscribed the following:
In October, 1933, several minors
belonging to the Methodist Episcopal Church
and of the Epworth League
enrolled in the University of California
system. The students at the beginning of the fall term in 1933 petitioned the University for exemption from military training and participation in the activities of the training corps, upon the ground of their religious and conscientious objection to war and to military training. The regents refused to make military training optional or to exempt these students.
Regents of the University of California
The Regents of the University of California make up the governing board of the University of California. The Board has 26 full members:* The majority are appointed by the Governor of California for 12-year terms....
, was a decision of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
that upheld the "right
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
to force
Force (law)
In the field of law, the word force has two main meanings: unlawful violence and lawful compulsion. "Forced entry" is an expression falling under the category of unlawful violence; "in force" or "forced sale" would be examples of expressions in the category of lawful compulsion.When something is...
its university students to take classes in military training
Military education and training
Military education and training is a process which intends to establish and improve the capabilities of military personnel in their respective roles....
" and reiterated that "[i]nstruction in military science
Military science
Military science is the process of translating national defence policy to produce military capability by employing military scientists, including theorists, researchers, experimental scientists, applied scientists, designers, engineers, test technicians, and military personnel responsible for...
is not instruction in the practice or tenets of a religion." It was also held that the University of California
University of California
The University of California is a public university system in the U.S. state of California. Under the California Master Plan for Higher Education, the University of California is a part of the state's three-tier public higher education system, which also includes the California State University...
constituted a corporation created by the state to administer the University, its president, and its provost, and as held is a constitutional department or function of the state government and as such an order by the regents is in effect a statute or law of the state.
Background
On March 23, 1868, the Legislature of California passed an act (the organic act) creating the University "in order to devote to the largest purposes of education the benefaction made to the State" by the Morrill Land-Grant Colleges ActMorrill Land-Grant Colleges Act
The Morrill Land-Grant Acts are United States statutes that allowed for the creation of land-grant colleges, including the Morrill Act of 1862 and the Morrill Act of 1890 -Passage of original bill:...
. The act stated that "in order to fulfil the requirements of the said Act of Congress, all able-bodied male students of the University, whether pursuing full or partial courses in any college, or as students at large, shall receive instruction and discipline in military tactics in such manner and to such extent as the Regents shall prescribe, the requisite arms for which shall be furnished by the State". On September 15, 1931, the regents promulgated an order requiring students to take the course in military science and tactics in the Reserve Officers Training Corps as proscribed by the War Department
United States Department of War
The United States Department of War, also called the War Department , was the United States Cabinet department originally responsible for the operation and maintenance of the United States Army...
. The order proscribed the following:
Every able bodied student of the University of California who, at the time of his matriculation at the University, is under the age of twenty-four years and a citizen of the United States and who has not attained full academic standing as a junior student in the University and has not completed the course in military science and tactics offered to freshmen and sophomore students at the University shall be and is hereby required as a condition to his attendance as a student to enroll in and complete a course in not less than one and one-half units of instruction in military science and tactics each semester of his attendance until such time as he shall have received a total of six units of such instruction or shall have attained full academic standing as a junior student.
In October, 1933, several minors
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
belonging to the Methodist Episcopal Church
Methodist Episcopal Church
The Methodist Episcopal Church, sometimes referred to as the M.E. Church, was a development of the first expression of Methodism in the United States. It officially began at the Baltimore Christmas Conference in 1784, with Francis Asbury and Thomas Coke as the first bishops. Through a series of...
and of the Epworth League
Epworth League
The Epworth League is a Methodist young adult association for individuals ages 18-35. It traces back to the founding of the organization by the United Methodist Church's predecessor denomination, the Methodist Episcopal church, formed in 1889 at Cleveland, Ohio, by the combination of five young...
enrolled in the University of California
University of California
The University of California is a public university system in the U.S. state of California. Under the California Master Plan for Higher Education, the University of California is a part of the state's three-tier public higher education system, which also includes the California State University...
system. The students at the beginning of the fall term in 1933 petitioned the University for exemption from military training and participation in the activities of the training corps, upon the ground of their religious and conscientious objection to war and to military training. The regents refused to make military training optional or to exempt these students.