Perpich v. Department of Defense

Perpich v. Department of Defense, 496 U.S. 334 (1990)

In Perpich v. Department of Defense, the Supreme Court affirmed that Congress may authorize National Guard members to be called to federal duty for training abroad without a governor’s consent or a national emergency. The Court recognized the dual status of Guard members, who effectively wear three hats—civilian, state militia, and federal—depending on the mission. When in federal service, the constitutional limits on militia training no longer apply.

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Improving the Total Forces Using the National Guard and Reserves

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