Massachusetts V. Laird
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''Massachusetts v. Laird'', 400 U.S. 886 (1970), was a case dealing with the
conscription Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day un ...
aspect of the
Vietnam War The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
that the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
declined to hear by a 6–3 vote. The
Commonwealth of Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
challenged the
constitutionality Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
of the war. It passed a law stating that no resident of Massachusetts "shall be required to serve" in the military abroad if the armed hostility has not been declared a war by
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
. The attorney general of Massachusetts asked the Supreme Court to hear its case to test the legality of the Vietnam War. The Supreme Court declined to hear the case due to a lack of
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
.


External links

* * {{SCOTUS-stub United States Supreme Court cases United States Supreme Court cases of the Burger Court 1970 in United States case law Opposition to United States involvement in the Vietnam War Conscription in the United States Conscription law