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Alexander v. Fioto, 430 U.S. 634 (1977)
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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.
Alexander v. Fioto, 430 U.S. 634 (1977)
Alexander v. Fioto No. 75-1704 Argued March 1, 1977 Decided April 4, 1977 430 U.S. 634
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NEW YORK
Syllabus
Although he met the other requirements for eligibility, appellee was denied retirement pay for his service in the National Guard on the basis of 10 U.S.C. § 1331(c). That section provides that persons who had been in the Reserves or National Guard before the termination of World War II are not "eligible for retired pay" unless they served on active duty during wartime.
Held:
1. Both the plain language of § 1331(c) and its legislative history demonstrate that Congress intended to deny benefits to those with pre-World War II service who did not also serve in wartime. Pp. 636-639.
2. Congress authorized retirement pay as an inducement to continued service in order to maintain a cadre of trained soldiers for use on active duty should the need arise; Congress had the constitutional power to decide not to offer the inducement to reservists less likely to perform such duty than others. Pp. 636-640.
409 F.Supp. 831, reversed.
STEVENS, J., delivered the opinion of the Court, in which all Members joined, except REHNQUIST, J., who took no part in the consideration or decision of the case.
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Chicago:
U.S. Supreme Court, "Syllabus," Alexander v. Fioto, 430 U.S. 634 (1977) in 430 U.S. 634 430 U.S. 635. Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=5G9GIZE4TKIYHIN.
MLA:
U.S. Supreme Court. "Syllabus." Alexander v. Fioto, 430 U.S. 634 (1977), in 430 U.S. 634, page 430 U.S. 635. Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=5G9GIZE4TKIYHIN.
Harvard:
U.S. Supreme Court, 'Syllabus' in Alexander v. Fioto, 430 U.S. 634 (1977). cited in 1977, 430 U.S. 634, pp.430 U.S. 635. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=5G9GIZE4TKIYHIN.
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