Perpich v. Department of Defense

Summary

Justice Stevens delivered the unanimous opinion upholding the Montgomery Amendment. Congress may authorize members of the National Guard to undertake federal active-duty training abroad during peacetime without gubernatorial consent or a declaration of national emergency. Under the unchallenged dual-enlistment system, Guard members ordered into federal service temporarily lose their state-militia status, and the Militia Clauses do not restrict Congress’s independent authority to raise and support armies. The States’ reserved training authority therefore does not establish a constitutional veto over such federal training. The Court affirmed the Court of Appeals’ judgment. There were no separate opinions.