Legal Opinion
Perpich v. Department of Defense
Supreme Court of the United States
Decided June 11, 1990No. 89-542PublishedCited by 163 opinions
1Opinion of the CourtJustice Stevens
The question presented is whether the Congress may authorize the President to order members of the National Guard to active duty for purposes of training outside the United States during peacetime without either the consent of a State Governor or the declaration of a national emergency.
A gubernatorial consent requirement that had been enacted in 1952 1 was partially repealed in 1986 by the “Montgomery Amendment,” which provides:
"The consent of a Governor described in subsections (b) and (d) may not be withheld (in whole or in part) with regard to active duty outside the United States, its…
2Cases cited7 opinions
- United States v. Curtiss-Wright Export Corp.Supreme Court of the United States · 1936
- Selective Draft Law CasesSupreme Court of the United States · 1918
- Tarble's CaseSupreme Court of the United States · 1872
- Cox v. WoodSupreme Court of the United States · 1918
- Dunne v. PeopleIllinois Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by163 opinions
- Parker v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2007
- Frank D. Jones v. New York State Division of Military and Naval Affairs and New York State Army National GuardCourt of Appeals for the Second Circuit · 1999
- Walch v. Adjutant General's DepartmentCourt of Appeals for the Fifth Circuit · 2008
- Nelson v. GeringerCourt of Appeals for the Tenth Circuit · 2002
- Thomasson v. PerryCourt of Appeals for the Fourth Circuit · 1996
158 more not listed; retrieve them via the Exa API.