In the case of United States ex rel. Creary v. Weeks, Secretary of War in 1921, the Supreme Court addressed whether a U.S. citizen could be drafted into military service against his will if he had previously declared his intention to renounce citizenship and become a citizen of another country (in this case, Ireland). The petitioner argued that by declaring intent to renounce citizenship before being drafted, he was no longer subject to U.S. laws requiring compulsory military service. The court ruled against Mr. Creary's claim stating that until formal steps were taken for naturalization as an Irish citizen or any other foreign nationality and American citizenship formally relinquished through established legal procedures; one remained a US Citizen with all its obligations including mandatory military service during wartime under Selective Service Act. This ruling reinforced the principle that mere declaration of intent is not sufficient to change one’s legal status as a citizen and thus exempt oneself from duties such as conscription.

In the dissenting opinion for United States ex rel. Creary v. Weeks, Secretary of War, 1921 case, Justice Holmes argued that the court should not have jurisdiction over this matter as it pertains to military affairs which are typically outside of its purview. He contended that once a person has been inducted into military service and is under the control of his officers, he becomes subject to military law and discipline rather than civil courts. The justice also pointed out that if every soldier could challenge their enlistment or induction through habeas corpus proceedings in civilian courts, it would disrupt good order and discipline within the armed forces. Thus according to him, such matters should be left solely to Congress' discretion as they have constitutional authority over raising armies.