Perpich v. Department of Defense

Perpich v. Department of Defense

Argued March 27, 1990
Decided June 11, 1990
Full case name Rudy Perpich, Governor of Minnesota, et al. v. Department of Defense, et al.
Citations

496 U.S. 334 (more)

110 S. Ct. 2418
Holding
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.
Court membership
Chief Justice
William Rehnquist
Case opinions
Majority Stevens, joined by unanimous
Laws applied
U.S. Const. Art. I § 8

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 a state governor or the declaration of a national emergency. The plaintiff was Rudy Perpich, Governor of Minnesota at the time.

Further reading


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