Holtzman v. Schlesinger

Holtzman v. Schlesinger

Holtzman v. Schlesinger, ussc|414|1316|1973, was a case heard by the United States Supreme Court.

Background

The case dealt with United States military operations over Cambodia during the Vietnam War. On April 30, 1970 President Nixon commanded his forces to invade Cambodia in search of arms depots and enemy forces without consent from the United States Congress. It involves Elizabeth Holtzman and several air force officers against James R. Schlesinger, the Secretary of Defense.

Constitutional issues

This case is controversial because Congress did not authorize the military activity, which violates the Constitution. It states that only Congress has the power to declare war, so it was unconstitutional for the airships to launch their attacks. The nation of Cambodia was also neutral at this time, making it illegal for the U.S. or North Vietnam to have military activity there.

Decision

The court said it cannot decide a political question; the constitution vests military matters in the Executive and Legislature.

Case relevance

This case is significant because it challenges the legality of being able to operate the military on a neutral site. This case emphasises the proper role of the Judiciary to refrain from deciding political questions that are for the President and Congress to decide. Congress has only declared war eleven times in the nation's history, although the United States have had over 240 imperfect wars which were not declared and these date back to President George Washington. The Constitution of the United States does not require a "declaration of war" for the Executive to defend the nation.

Future

The complaint was dismissed.

ee also

*List of United States Supreme Court cases, volume 414

Resources

* [http://supreme.justia.com/us/414/1304/case.html Full text opinion from Justia.com]


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • Orrin Grimmell Judd — Judge of United States District Court for the Eastern District of New York In office July 17, 1968 – July 7, 1976 Appointed by Lyndon B. Johnson Preceded by Walter Bruchhausen …   Wikipedia

  • List of United States Supreme Court cases, volume 414 — This is a list of all the United States Supreme Court cases from volume 414 of the United States Reports :* Satiacum v. Washington , ussc|414|1|1973 (per curiam) * Plummer v. Columbus , ussc|414|2|1973 (per curiam) * INS v. Hibi , ussc|414|5|1973 …   Wikipedia

  • literature — /lit euhr euh cheuhr, choor , li treuh /, n. 1. writings in which expression and form, in connection with ideas of permanent and universal interest, are characteristic or essential features, as poetry, novels, history, biography, and essays. 2.… …   Universalium

  • List of Harvard University people — The list of Harvard University people includes notable graduates, professors and administrators affiliated with Harvard University. For a list of notable non graduates of Harvard, see notable non graduate alumni of Harvard. For a list of Harvard… …   Wikipedia

  • Iraq Resolution — and Iraq War Resolution are popular names for the Authorization for Use of Military Force Against Iraq Resolution of 2002, [http://www.c span.org/resources/pdf/hjres114.pdf Authorization for Use of Military Force Against Iraq Resolution of 2002]… …   Wikipedia

  • National Jewish Sports Hall of Fame and Museum — Not to be confused with International Jewish Sports Hall of Fame. National Jewish Sports Hall of Fame and Museum Formation March 21, 1993 (1993 03 21) (18&# …   Wikipedia

  • HEBREW LITERATURE, MODERN — definition and scope beginnings periodization …   Encyclopedia of Judaism

  • Diana Mara Henry — (June 20, 1948, Cincinnati, Ohio) is a photojournalist, free lance photographer, and feminist. She is the daughter of Carl and Edith (Entratter) Henry. Henry began her career in photojournalism at Radcliffe College, as photo editor of the Harvard …   Wikipedia

  • Mike Epstein — For other people named Michael Epstein, see Michael Epstein (disambiguation). Mike Epstein First Baseman Born: April 4, 1943 (1943 04 04) (age 68) The Bronx, New York Batted: Left …   Wikipedia

  • Barney Ross — Statistics Real name Beryl David Rosofsky Rated at Lightweight Junior welterweight Welterweight …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”