Legal Opinion

Reservists Committee to Stop War v. Laird

District Court, District of Columbia

Decided April 2, 1971No. Civ. A. 1429-70PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM OPINION

GESELL, District Judge.

This case presents the discrete question whether under Article I, Section 6, Clause 2 of the Constitution of the United States a person may at the same time be a member of Congress and hold a commission in the Armed Forces Reserve. The meaning and effect of this constitutional provision have never before been determined by a court. There is no factual dispute, and the legal issue has been tendered on cross-motions for summary-judgment and has been fully briefed and argued.

Article I, Section 6, Clause 2 of the Constitution reads in its entirety as…

2Cases cited11 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Flast v. CohenSupreme Court of the United States · 1968
  3. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  4. Powell v. McCormackSupreme Court of the United States · 1969
  5. Barrows v. JacksonSupreme Court of the United States · 1953

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3Cited by20 opinions

  1. Schlesinger v. Reservists Committee to Stop the WarSupreme Court of the United States · 1974
  2. In Re United States Catholic ConferenceCourt of Appeals for the Second Circuit · 1989
  3. A. J. Korioth v. Honorable Dolph Briscoe v. City of Farmers Branch, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1975
  4. William B. Richardson v. United States of AmericaCourt of Appeals for the Third Circuit · 1972
  5. Ernest L. Signorelli v. Herbert B. Evans, as Chief Administrative Judge of the Courts of the State of New YorkCourt of Appeals for the Second Circuit · 1980

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