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Tennessee v. Dunlap, 426 U.S. 312 (1976)
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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.
Tennessee v. Dunlap, 426 U.S. 312 (1976)
Tennessee v. Dunlap No. 75-95 Argued March 22, 1976 Decided June 10, 1976 426 U.S. 312
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
The National Guard Technicians Act of 1968 provides that a National Guard technician, who is a full-time civilian employee of the Guard, must be a member of the Guard. 32 U.S.C. § 709(b). Employment as a technician may be terminated upon separation from the Guard, § 709(e)(1); for failure to meet military security requirements, § 709(e)(2); or "for cause," § 709(e)(3).
Held: Where respondent’s employment as a technician was terminated under § 709(e)(1) when he was separated from the Guard upon expiration of his enlistment, § 709(e)(3)’s requirement of "cause" has no application, and hence § 709(e)(3) cannot provide the foundation for a claim that the termination of respondent’s employment and the allegedly arbitrary refusal to reenlist him violated due process. Pp. 315-316.
514 F.2d 130, reversed.
MARSHALL, J., delivered the opinion for a unanimous Court.
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Chicago: U.S. Supreme Court, "Syllabus," Tennessee v. Dunlap, 426 U.S. 312 (1976) in 426 U.S. 312 Original Sources, accessed May 20, 2024, http://www.originalsources.com/Document.aspx?DocID=P6IAXDHNUP37GUU.
MLA: U.S. Supreme Court. "Syllabus." Tennessee v. Dunlap, 426 U.S. 312 (1976), in 426 U.S. 312, Original Sources. 20 May. 2024. http://www.originalsources.com/Document.aspx?DocID=P6IAXDHNUP37GUU.
Harvard: U.S. Supreme Court, 'Syllabus' in Tennessee v. Dunlap, 426 U.S. 312 (1976). cited in 1976, 426 U.S. 312. Original Sources, retrieved 20 May 2024, from http://www.originalsources.com/Document.aspx?DocID=P6IAXDHNUP37GUU.
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