Involuntary Activation of Reservists

Abstract

There is a club held over the heads of thousands of inactive duty armed forces reserve personnel. It is poised, ready to fall on those "drilling" reservists who fail to meet their reserve obligations satisfactorily. The club was created by the United States Congress and is found in 10 U.S.C. § 673a. This statute imposes the threat of involuntary activation-a call to active duty for a period not to exceed 24 months. The obligations which must be met by the reservist to avoid the impact of activation consist of attendance at weekly drill meetings and participation in an annual period of active duty training, known affectionately to the reservist as "summer camp." Since the statute's enactment in June 1967, its implementation and enforcement have produced extensive litigation in the federal courts. This article will first discuss the cases arising under 10 U.S.C. § 673a, and will then address the policy questions of whether the remedy of active duty is purely "administrative," as it purports to be, and whether the remedy is a proper one.

Keywords: armed forces, military, reservists, reserve obligations, 10 U.S.C. § 673a, involuntary activation, active duty, federal courts, remedies

JEL Classification: H56, K19, K39, K49, N40