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Beard v. Stahr, 370 U.S. 41 (1962)
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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.
Beard v. Stahr, 370 U.S. 41 (1962)
Beard v. Stahr No. 648 Decided May 28, 1962 370 U.S. 41
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Syllabus
After administrative proceedings by an Army Board of Inquiry and a Board of Review under 10 U.S.C. (Supp. II §§ 3792 and 3793) had resulted in a recommendation that the Secretary of the Army remove appellant, a commissioned officer in the Regular Army, from the active list and award him a general discharge, but before the Secretary had taken any action under § 3794, appellant sued in a Federal District Court to enjoin the Secretary from determining whether he should be removed. He claimed that the administrative proceedings were unconstitutional because they deprived him of his office and retirement benefits without due process of law. The District Court sustained the constitutionality of the statute and the administrative proceedings and dismissed the complaint.
Held: the judgment is vacated with directions to dismiss the complaint as premature. Application for a stay is denied. Pp. 41-42.
Reported below: 200 F.Supp. 766.
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Chicago:
U.S. Supreme Court, "Syllabus," Beard v. Stahr, 370 U.S. 41 (1962) in 370 U.S. 41 Original Sources, accessed July 30, 2025, http://originalsources.com/Document.aspx?DocID=X6P4UW1TTINAVRL.
MLA:
U.S. Supreme Court. "Syllabus." Beard v. Stahr, 370 U.S. 41 (1962), in 370 U.S. 41, Original Sources. 30 Jul. 2025. http://originalsources.com/Document.aspx?DocID=X6P4UW1TTINAVRL.
Harvard:
U.S. Supreme Court, 'Syllabus' in Beard v. Stahr, 370 U.S. 41 (1962). cited in 1962, 370 U.S. 41. Original Sources, retrieved 30 July 2025, from http://originalsources.com/Document.aspx?DocID=X6P4UW1TTINAVRL.
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