In 1966, the former heavyweight boxing champion of the world, Muhammad Ali, was sentenced to five years in jail for refusing to report for induction into the army. The country was then at war in Vietnam. The nation had a draft. But when called, Ali refused to take what the Supreme Court described as “the traditional step forward,” and he was prosecuted as a result. His defense was straightforward: The draft law then in force provided exemptions for those who, because of sincere religious belief, were conscientiously opposed to war in any form. As a newly converted member to the Nation of Islam faith, Ali claimed entitlement to “conscientious objector” status.

Although the appeals process took five years, in Clay, aka [also known as] Ali v. United States (1971), the Supreme Court overturned Ali's conviction. The Court based its decision entirely on the draft laws then in effect. It held that the draft authorities had erred in their consideration of whether Ali was entitled to a draft exemption as a religiously motivated conscientious objector. Nevertheless, constitutional issues were not far in the background.