Holtzman v. Schlesinger

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Holtzman v. Schlesinger, 414 U.S. 1316 (1973), was a case heard by the United States Supreme Court.

1 Background
2 Constitutional issues
3 Decision
4 Case relevance
5 Future
6 See also
7 Resources

[edit] 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.

[edit] 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.

[edit] Decision

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

[edit] 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.