''Perpich v. Department of Defense'', 496 U.S. 334 (1990), was a case decided by the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

concerning the Militia Clauses of Article I, Section 8, of the United States Constitution, in which the court held that

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 ...

may authorize members of the

National Guard National Guard is the name used by a wide variety of current and historical uniformed organizations in different countries. The original National Guard was formed during the French Revolution around a cadre of defectors from the French Guards. Nat ...

to be ordered to active federal duty for purposes of training outside the United States without either the consent of the

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

of the affected state or the declaration of a

national emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...

. The plaintiff was

Rudy Perpich Rudolph George Perpich Sr. (June 27, 1928 September 21, 1995) was an American politician and the longest-serving governor of Minnesota, serving a total of just over 10 years. A member of the Democratic-Farmer-Labor Party, he served as the 34t ...

governor of Minnesota The governor of Minnesota is the head of government of the U.S. state of Minnesota, leading the state's executive branch. Forty people have been governor of Minnesota, though historically there were also three governors of Minnesota Territory. ...

at the time. In 1986, after governors

George Deukmejian Courken George Deukmejian Jr. (; June 6, 1928 – May 8, 2018) was an American politician who served as the 35th governor of California from 1983 to 1991. Of Armenian descent, Deukmejian was a member of the Republican Party and he also serve ...

of California and Joseph E. Brennan of Maine refused to allow the deployment of their states' National Guard units to Central America for training, Congress passed the Montgomery Amendment, which prohibited state governors from withholding their consent. Massachusetts governor

Michael Dukakis Michael Stanley Dukakis (; born November 3, 1933) is an American retired lawyer and politician who served as governor of Massachusetts from 1975 to 1979 and again from 1983 to 1991. He is the longest-serving governor in Massachusetts history a ...

had also challenged the law, but lost in U.S. District Court in Boston in 1988.

References

External links

* United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court United States military case law 1990 in United States case law National Guard (United States) Governor of Minnesota United States–Central American relations {{SCOTUS-case-stub

See Also

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Further reading

External links