Perpich v. Department of Defense | ||||||
---|---|---|---|---|---|---|
Supreme Court of the United States |
||||||
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 | ||||||
|
||||||
Case opinions | ||||||
Majority | Stevens, joined by unanimous court |
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 the Congress of the United States 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. The plaintiff was Rudy Perpich, Governor of Minnesota at the time.