Martin v. Mott, 25 U.S. 19 (1827)

The War of 1812 was violently opposed in New England and parts of New York State. In some instances this opposition took the form of denying the right of the President to call out the militia of a State. In Massachusetts, for example, the Chief Justice of the Supreme Court advised the Governor that he, and not the President, had the right to decide when the Constitutional exigency existed which required the calling of the State militia. It was this question which came before the Supreme Court in the following case.