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While the Supreme Court has never squarely held that conscription need not
be premised on a declaration of war, indications are that the power is not con-
strained by the need for a formal declaration of war by   the great representative
body of the people.  During the Vietnam War (an undeclared war) the Court, up-
holding a conviction for burning a draft card, declared that the power to classify and
conscript manpower for military service was   beyond question.  United States v.
O Brien, 391 U.S. 367, 377 (1968). See also United States v. Holmes, 387 F.2d 781,
784 (7th Cir. 1968) (  the power of Congress to raise armies and to take effective
measures to preserve their efficiency, is not limited by either the Thirteenth Amend-
ment or the absence of a military emergency  ), cert. denied 391 U.S. 956.
39
Marcus Brown Co. v. Feldman, 265 U.S. 170, 199 (1921).
40
United States v. Petrillo, 332 U.S. 1, 12 13 (1947).
41
UAW v. WERB, 336 U.S. 245 (1949).
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