Legal Opinion

Miller v. Chafee

District Court, D. Hawaii

Decided February 26, 1971No. Civ. No. 71-3805PublishedCited by 2 opinions

1Opinion of the Court

TAVARES, District Judge.

The Constitution of the United States, Article I, Section 8, provides that the Congress shall have power “to raise and support Armies”; and to “provide and maintain a Navy.” Article 2, Section 2 provides that “the President shall be Commander-in-Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; * * Without attempting to trace the historical evolutions, the *1345powers to raise and maintain Armed Forces have been exercised to some degree almost continuously since the founding…

2Cases cited5 opinions

  1. Welsh v. United StatesSupreme Court of the United States · 1970
  2. Witmer v. United StatesSupreme Court of the United States · 1955
  3. Craycroft v. FerrallSupreme Court of the United States · 1970
  4. United States v. Allen Franklin FrenchCourt of Appeals for the Ninth Circuit · 1970
  5. United States v. Roger Grant NewtonCourt of Appeals for the Ninth Circuit · 1970

3Cited by2 opinions

  1. Richard A. Miller v. The Honorable John A. Chafee, Secretary of the Navy, and J. D. Stevens, Cdr., Commander Escort Squadron OneCourt of Appeals for the Ninth Circuit · 1972
  2. Dennis Wayne Mosley v. Commanding Officer, Ellsworth Air Force BaseCourt of Appeals for the Eighth Circuit · 1973

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