Holtzman v. Schlesinger
Encyclopedia
Schlesinger v. Holtzman, , was a case decided by the United States Supreme Court
. The Court overruled a lower court's injunction prohibiting the Defense Department from bombing Cambodia, and so that bombing continued.
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
.
In June 1973, Congress voted to discontinue funding of all combat activities in Cambodia from mid-August 1973.
On July 25, 1973, the District Court for the Eastern District of New York issued a permanent injunction prohibiting respondent Defense Department officials from "participating in any way in military activities in or over Cambodia or releasing any bombs which may fall in Cambodia".
On July 27, 1973, the United States Court of Appeals for the Second Circuit
stayed the District Court's order, allowing the bombing to go ahead pending the appeal to that Court from the District Court's order.
refused to order that stay.
When a Supreme Court Justice declines to order a stay, the party requesting the stay can renew the request with another Justice. On August 4, 1973, Justice Douglas
granted the application for a stay on the Court of Appeals' order, so restoring the District Court's order staying the Defense Department, and stopping the bombing.
On the same day, August 4, 1973, Justice Marshall stayed the District Court's order, so allowing the bombing to proceed. He made that order with the agreement of all the other members of the Supreme Court, except Justice Douglas who dissented.
The court said it cannot decide a political question
; the constitution vests military matters in the Executive
and Legislature
.
to refrain from deciding political questions that are for the President and Congress to decide. Congress has only declared war five 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.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. The Court overruled a lower court's injunction prohibiting the Defense Department from bombing Cambodia, and so that bombing continued.
Background
The case dealt with United States military operations over CambodiaCambodia
Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...
during the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
. On April 30, 1970 President Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
commanded his forces to invade Cambodia in search of arms depots and enemy forces without consent from the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. It involves Elizabeth Holtzman
Elizabeth Holtzman
Elizabeth Holtzman is an American lawyer and former Democratic politician, pioneer woman officeholder, four term U.S. Representative , two term District Attorney of Kings County , and New York City Comptroller .Her role on the House Judiciary Committee during the Watergate scandal drew national...
and several air force officers against James R. Schlesinger
James R. Schlesinger
Dr. James Rodney Schlesinger is an American politician. He is best known for serving as Secretary of Defense from 1973 to 1975 under Presidents Richard Nixon and Gerald Ford...
, the Secretary of Defense
United States Secretary of Defense
The Secretary of Defense is the head and chief executive officer of the Department of Defense of the United States of America. This position corresponds to what is generally known as a Defense Minister in other countries...
.
In June 1973, Congress voted to discontinue funding of all combat activities in Cambodia from mid-August 1973.
On July 25, 1973, the District Court for the Eastern District of New York issued a permanent injunction prohibiting respondent Defense Department officials from "participating in any way in military activities in or over Cambodia or releasing any bombs which may fall in Cambodia".
On July 27, 1973, the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
stayed the District Court's order, allowing the bombing to go ahead pending the appeal to that Court from the District Court's order.
Opinion of the Court
The case came before a single justice as an application by the original applicants to stay the Court of Appeals' order. On August 1, 1973, Justice MarshallThurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
refused to order that stay.
When a Supreme Court Justice declines to order a stay, the party requesting the stay can renew the request with another Justice. On August 4, 1973, Justice Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
granted the application for a stay on the Court of Appeals' order, so restoring the District Court's order staying the Defense Department, and stopping the bombing.
On the same day, August 4, 1973, Justice Marshall stayed the District Court's order, so allowing the bombing to proceed. He made that order with the agreement of all the other members of the Supreme Court, except Justice Douglas who dissented.
The court said it cannot decide a political question
Political question
In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has authority to hear and...
; the constitution vests military matters in the Executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
and Legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
.
Significance
This case is significant because it challenges the legality of being able to operate the military on a neutral site. This case emphasizes the proper role of the judiciaryJudiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
to refrain from deciding political questions that are for the President and Congress to decide. Congress has only declared war five 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
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
. The Constitution of the United States does not require a "declaration of war" for the Executive to defend the nation.