Also known as:military reserves · reserves · reserve forces
Written by attorneys · grounded in primary & secondary sources — see below
A component of the United States armed forces whose members serve part-time in a civilian capacity while remaining subject to federal mobilization for active duty.
Sources & Authorities
How it applies
Common Examples
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Reserve Member Contract Dispute
Ming Ma, a member of the military reserve, promised Matrix Technologies either to supply parts or to perform installation services. When Matrix sued for breach after Ming chose neither option, the court held that the promise lacked consideration because Ming retained an unfettered choice between alternatives.
Power Release by Reserve Officer
Mason McCarthy, a military reserve officer holding a general power of appointment over family trust assets, executed a release of that power. The release became irrevocable because Mason did not expressly reserve any right to revoke or amend it.
Select any source to read its text and confirm it supports the definition.
Federal Rules
Uniform Acts
Restatements
Hornbooks
Mohan Malhotra, a nonveteran applicant for a state civil-service post, sued after a military reserve veteran with a lower exam score received the position under a statutory preference. The court upheld the preference after finding no discriminatory purpose targeting women.
Personnel Administrator of Massachusetts v. Feeney442 U.S. 256, 279 (1979)
Reserve Member Detention Review
Mina Mehta, a military reserve member held by federal authorities, petitioned for habeas relief after a military commission denied access to counsel. The court required that any trial procedures satisfy constitutional protections applicable to the detention.
Hamdan v. Rumsfeld548 U.S. 557 (2006)
Commerce Power Over Reserves
Marcus Mitchell, a military reserve supplier, challenged a federal statute regulating interstate transport of reserve equipment. The court sustained the statute as a valid exercise of Congress power to regulate commerce among the states.
Gibbons v. Ogden22 U.S. (9 Wheat.) 1, 211 (1824)
Gender Integration in Reserves
Matthew Martinez, a state military reserve academy official, defended single-sex admission policies after a female applicant was denied entry. The court required the state to show an exceedingly persuasive justification for the exclusion.
United States v. Virginia518 U.S. 515, 533 (1996)
Common questions
Frequently Asked
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Does membership in the military reserve create standing to challenge congressional service under the incompatibility clause?+
No. Plaintiffs who are simply members of the military reserve lack standing to challenge the service of members of Congress in the reserve because they assert only an abstract injury rather than a concrete and particularized harm.
May states provide paid leave to public employees who serve in the federal military reserve?+
Yes. State statutes commonly authorize public employers to grant paid military leave to employees called to active duty in the federal military reserve forces.
Does the war power support federal regulation of agricultural leases near military logistics hubs after an overseas conflict ends?+
It can. Congress may continue to exercise war powers during postwar transition periods when regulations remain reasonably related to remedying wartime disruptions or addressing continuing national defense needs such as reserve stockpiling.
260 U.S. 393 (1922)Property
…deed executed by the Coal Company in 1878, under which the plaintiffs claim. The deed conveys the surface, but in express terms reserves the right to remove all the coal under the same, and the grantee takes the premises with the risk, and waives all claim for damages that may arise from mining out the coal. But the…