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McElroy v. Guagliardo, 361 U.S. 281 (1960)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
McElroy v. Guagliardo, 361 U.S. 281 (1960)
McElroy v. Guagliardo No. 21 Argued October 21-22, 1959 Decided January 18, 1960 * 361 U.S. 281
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
1. Article 2(11) of the Uniform Code of Military Justice, providing for the trial by court-martial of "all persons serving with, employed by or accompanying the armed forces" of the United States in foreign countries, cannot constitutionally be applied in peacetime to the trial of a civilian employee of the armed forces serving with the armed forces in a foreign country and charged with having committed a noncapital offense there. Kinsella v. Singleton, ante, p. 234; Grisham v. Hagan, ante, p. 278. Pp. 282-287.
2. Article 2(11) is severable, and legal effect can be given to each category standing alone. P. 283.
104 U.S.App.D.C. 112, 259 F.2d 927, affirmed.
167 F.Supp. 791 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," McElroy v. Guagliardo, 361 U.S. 281 (1960) in 361 U.S. 281 361 U.S. 282. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=FJEP9Z5XZJ4Y475.
MLA: U.S. Supreme Court. "Syllabus." McElroy v. Guagliardo, 361 U.S. 281 (1960), in 361 U.S. 281, page 361 U.S. 282. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FJEP9Z5XZJ4Y475.
Harvard: U.S. Supreme Court, 'Syllabus' in McElroy v. Guagliardo, 361 U.S. 281 (1960). cited in 1960, 361 U.S. 281, pp.361 U.S. 282. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=FJEP9Z5XZJ4Y475.
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