Orlando v laird united states court of appeals for the second circuit 443 f2d 1039 2d cir 1971 facts malcolm a berk and salvatore orlando plaintiffs were enlistees in the united states army who received orders to report for transfer to vietnam the plaintiffs commenced actions in june 1970 to prevent the secretary of defense the . Salvatore orlando plaintiff appellant v melvin laird individually and as secretary of defense of the united states and stanley r resor individually and as secretary of the army of the united states defendants appellees. 443 f2d 1039 orlando v laird r a berk 443 f2d 1039 salvatore orlando plaintiff appellant v melvin laird individually and as secretary of defense of the united statesand stanley r resor individually and as secretary of the army of the unitedstates defendants appellees. Orlando v laird 443 f2d 1039 1042 2d cir1971 the constitutional delegation of the war declaring power to the congress contains a discoverable and manageable standard imposing on the congress a duty of mutual participation in the prosecution of war. Orlando v laird 317 fsupp 1013 1019 edny1970 on remand of berks action judge judd of the district court granted the appellees motion for summary judgment finding that there had been joint action by the president and congress he ruled that the method of congressional collaboration was a political question berk v
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