Article I's plain language, read as a whole, establishes that Congress may authorize members of the National Guard of the United States to be ordered to active federal duty for purposes of training outside the United States without either the consent of a state governor or the declaration of a national emergency.
In 1986, after governors George Deukmejian of California and Joseph E. Brennan of Maine refused to allow the deployment of their states' National Guard units to Central America for training, Congress passed the Montgomery Amendment, which prohibited state governors from withholding their consent. Massachusetts governor Michael Dukakis had also challenged the law, but lost in U.S. District Court in Boston in 1988.[1]
^David Evans (June 12, 1990). "SUPREME COURT CONFIRMS U.S. CONTROL OVER GUARD". Chicago Tribune.
Further readingedit
Beckman, Norman (1991). "Limiting State Involvement in Foreign Policy: The Governors and the National Guard in Perpich v. Defense". Publius. 21 (3): 109–123. doi:10.2307/3330517. JSTOR 3330517.
Bovarnick, Jeff (1991). "Perpich v. United States Department of Defense: Who's in Charge of the National Guard?". New England Law Review. 26: 453. ISSN 0028-4823.
External linksedit
Text of Perpich v. Department of Defense, 496U.S. 334 (1990) is available from:CourtListenerGoogle ScholarJustiaLibrary of CongressOyez (oral argument audio)
perpich, department, defense, 1990, case, decided, united, states, supreme, court, concerning, militia, clauses, article, section, united, states, constitution, which, court, held, that, congress, authorize, members, national, guard, ordered, active, federal, . Perpich v Department of Defense 496 U S 334 1990 was a case decided by the United States Supreme Court concerning the Militia Clauses of Article I Section 8 of the United States Constitution in which the court held that Congress may authorize members of the National Guard to be ordered to active federal duty for purposes of training outside the United States without either the consent of the governor of the affected state or the declaration of a national emergency The plaintiff was Rudy Perpich governor of Minnesota at the time Perpich v Department of DefenseSupreme Court of the United StatesArgued March 27 1990Decided June 11 1990Full case nameRudy Perpich Governor of Minnesota et al v Department of Defense et al Citations496 U S 334 more 110 S Ct 2418 110 L Ed 2d 312 1990 U S LEXIS 3012Case historyPrior666 F Supp 1319 D Minn 1987 affirmed 880 F 2d 11 8th Cir 1989 cert granted 493 U S 1017 1990 HoldingArticle I s plain language read as a whole establishes that Congress may authorize members of the National Guard of the United States to be ordered to active federal duty for purposes of training outside the United States without either the consent of a state governor or the declaration of a national emergency Court membershipChief Justice William Rehnquist Associate Justices William J Brennan Jr Byron WhiteThurgood Marshall Harry BlackmunJohn P Stevens Sandra Day O ConnorAntonin Scalia Anthony KennedyCase opinionMajorityStevens joined by unanimousLaws appliedU S Const Art I 8 In 1986 after governors George Deukmejian of California and Joseph E Brennan of Maine refused to allow the deployment of their states National Guard units to Central America for training Congress passed the Montgomery Amendment which prohibited state governors from withholding their consent Massachusetts governor Michael Dukakis had also challenged the law but lost in U S District Court in Boston in 1988 1 Contents 1 See also 2 References 3 Further reading 4 External linksSee also editState defense force Federal activationReferences edit David Evans June 12 1990 SUPREME COURT CONFIRMS U S CONTROL OVER GUARD Chicago Tribune Further reading editBeckman Norman 1991 Limiting State Involvement in Foreign Policy The Governors and the National Guard in Perpich v Defense Publius 21 3 109 123 doi 10 2307 3330517 JSTOR 3330517 Bovarnick Jeff 1991 Perpich v United States Department of Defense Who s in Charge of the National Guard New England Law Review 26 453 ISSN 0028 4823 External links editText of Perpich v Department of Defense 496 U S 334 1990 is available from CourtListener Google Scholar Justia Library of Congress Oyez oral argument audio nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Perpich v Department of Defense amp oldid 1153775176, wikipedia, wiki, book, books, library,
