Perpich v. Department of Defense

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Perpich v. Department of Defense
Seal of the United States Supreme Court.svg
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.

Further reading[edit]

  • Beckman, Norman (1991). "Limiting State Involvement in Foreign Policy: The Governors and the National Guard in Perpich v. Defense". Publius 21 (3): 109–123. doi:10.2307/3330517. JSTOR 3330517. 
  • Bovarnick, Jeff (1991). "Perpich v. United States Department of Defense: Who’s in Charge of the National Guard?". New England Law Review 26: 453. ISSN 0028-4823.