The U.S. Supreme Court case Rudy Perpich, Governor of Minnesota, et al. v. Department of Defense, et al., 1989 revolved around the constitutionality of two federal laws that allowed the President to order National Guard units into federal service for training outside the United States without a governor's consent and prohibited members from being involuntarily ordered to active duty for training unless Congress declared a national emergency or passed other specific legislation authorizing such orders. Governor Perpich argued these statutes violated Article I Section 8 Clause 15 (the Militia Clauses) of the Constitution which gives Congress power over state militias but also provides governors control when not in federal service. However, in a unanimous decision led by Justice William Brennan Jr., it was held that these laws did not infrive on any constitutional rights as they were within congressional authority under its powers to raise armies and make rules governing land forces. The court reasoned that while states retain some control over their National Guard units, this does not limit Congress' plenary authority nor require gubernatorial veto power over overseas deployment decisions.

In the dissenting opinion for Perpich v. Department of Defense, Justice Stevens argued that the majority's interpretation of the Militia Clauses was incorrect and overly broad. He contended that these clauses were intended to give Congress power over state militias only when they are called into federal service, not at all times as suggested by the majority. He also disagreed with their view on dual enlistment in both state and national guards, arguing it undermines states' rights to maintain their own military forces independent from federal control. Furthermore, he criticized how this decision could potentially allow Congress to disband state militias entirely or force them into federal service against a governor's will without declaring war or an insurrection - scenarios he believed were clearly outside what framers intended for these constitutional provisions.