''Schlesinger v. Reservists Committee to Stop the War'', 418 U.S. 208 (1974), was a decision by the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

which ruled that citizens do not have the right to challenge the constitutionality of

members of Congress A member of congress (MOC), also known as a congressman or congresswoman, is a person who has been appointed or elected and inducted into an official body called a congress, typically to represent a particular constituency in a legislature. The t ...

holding reserve commissions in the armed forces.Nicholas L. Lucich Jr., ''Recent Standing Cases and a Possible Alternative Approach'', 27 UC Law SF L.J. 213, 225-227 (1975), Available at: https://repository.uclawsf.edu/hastings_law_journal/vol27/iss1/6

Background

Article I, Section 6, clause 2 of the U.S. Constitution, the

Ineligibility Clause The Ineligibility Clause (sometimes also called the Emoluments Clause, or the Incompatibility Clause, or the Sinecure Clause) is a provision in Article 1, Section 6, Clause 2 of the United States Constitution that makes each incumbent member of C ...

, states that "no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office." The Reservists Committee and several of its members brought suit to challenge the legality of members of Congress holding

officer's commission An officer is a person who holds a position of authority as a member of an armed force or uniformed service. Broadly speaking, "officer" means a commissioned officer, a non-commissioned officer (NCO), or a warrant officer. However, absent c ...

s in the reserve components of the armed forces. The Committee alleged that such officers might be subject to undue influence by the executive and might not faithfully execute their legislative duties. The district court found standing to sue, holding that the hypothetical injury at issue was exactly the type of harm that the constitutional provision at issue was designed to address. The

United States Court of Appeals for the District of Columbia The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...

affirmed.

Decision

In a 6–3 decision, the Supreme Court, in an opinion by Chief Justice

Warren E. Burger Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the William Mitchell College o ...

, held that standing to sue may not be predicated upon an interest held in common by all members of the public. Rather, a concrete injury, whether actual or threatened, is necessary. The Court specifically rejected the idea – first embraced by the district court – that the lack of an alternative plaintiff could justify relaxation of the standing requirement. The Court stated: "The assumption that if respondents have no standing to sue, no one would have standing, is not a reason to find standing."''Schlesinger'', 418 U.S. at 227.

References

External links

* {{USArticleIII 1974 in United States case law United States Constitution Article Three case law United States Court of Appeals for the District of Columbia Circuit cases United States standing case law United States Supreme Court cases United States Supreme Court cases of the Burger Court