PERPICH, GOVERNOR OF MINNESOTA, ET AL.
v.
DEPARTMENT OF DEFENSE ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued March 27, 1990
Decided June 11, 1990
Attorney(s) appearing for the Case
John R. Tunheim, Chief Deputy Attorney General of Minnesota, argued the cause for petitioners. With him on the briefs were Hubert H. Humphrey III, Attorney General, and Peter M. Ackerberg, Special Assistant Attorney General.
Solicitor General Starr argued the cause for respondents. With him on the brief were Assistant Attorney General Gerson, Deputy Solicitor General Merrill, James A. Feldman, and Anthony J. Steinmeyer.*
Briefs of amici curiae urging affirmance were filed for the National Guard Association of the United States et al. by Stephen M. Shapiro and Michael K. Kellogg, and by the Attorneys General for their respective States as follows: Don Siegelman of Alabama, Douglas B. Baily of Alaska, Charles M. Oberly III of Delaware, Robert A. Butterworth of Florida, Michael J. Bowers of Georgia, Jim Jones of Idaho, Linley E. Pearson of Indiana, Robert T. Stephan of Kansas, William J. Guste, Jr., of Louisiana, J. Joseph Curran, Jr., of Maryland, Mike Moore of Mississippi, William L. Webster of Missouri, Brian McKay of Nevada, Hal Stratton of New Mexico, Lacy H. Thornburg of North Carolina, Robert H. Henry of Oklahoma, T. Travis Medlock of South Carolina, Roger A. Tellinghuisen of South Dakota, Charles W. Burson of Tennessee, R. Paul Van Dam of Utah, Mary Sue Terry of Virginia, Donald J. Hanaway of Wisconsin, and Joseph B. Meyer of Wyoming; for the Firearms Civil Rights Legal Defense Fund by Stephen P. Halbrook and Robert Dowlut; and for the Washington Legal Foundation et al. by Daniel J. Popeo, Paul D. Kamenar, and John C. Scully.
Supreme Court of United States.
JUSTICE STEVENS delivered the opinion of the Court.
The question presented is whether the Congress may authorize the President to order members of the National Guard to active duty for purposes of training outside the United States during peacetime without either the consent of a State Governor or the declaration of a national emergency.
A gubernatorial consent requirement that had been enacted in 1952
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