Also known as: mercenarius · merces · mercedary · hired · wages
Written by attorneys · grounded in primary & secondary sources — see below
A professional soldier hired by someone other than his or her own government to fight in a foreign country.
Select any source to read its text and confirm it supports the definition.
Ming Ma, a professional soldier hired by a foreign government, assigned his claim for unpaid wages from a completed mission to a creditor. The assignment fell outside Article 9 because it involved compensation of an employee under the governing exclusion. The creditor therefore could not perfect a security interest in the claim through the UCC filing system.
Miles Montgomery, retained as a mercenary by a private military contractor, offered testimony on the reliability of certain battlefield tactics. The court applied the Daubert factors to assess whether his methods were generally accepted in the field of military operations. Because the testimony lacked independent research outside litigation, the court excluded it as unreliable.
Megan Moore hired Marco Marquez, a mercenary, to provide security services abroad. When payment arrived late, Marquez could not foresee the resulting lost opportunity to accept another contract. Under the rule governing consequential damages, the hiring party avoided liability for those remote losses.
Miguel Mendoza, a U.S. citizen working as a mercenary for a foreign force, challenged a federal statute restricting such employment. The Court held that the activity lacked a substantial effect on interstate commerce. Congress therefore lacked authority to regulate the hiring under the Commerce Clause.
Mohan Malhotra, known professionally as a mercenary under the name "Iron Shield," sought to register the name as a trademark. The government refused on the ground that the mark disparaged a particular group. The Court held that the refusal constituted unconstitutional viewpoint discrimination.
Mercury Industries employed a mercenary to test weapons for a private security detail. When federal agents seized the weapons under a registration statute, the company asserted a Second Amendment defense. The Court upheld the seizure because the weapons lacked a reasonable relationship to a well-regulated militia.
A mercenary is hired by a party other than his or her own government and fights in a foreign country. National armed forces members serve their own government under domestic military authority. The distinction turns on the hiring party and the location of service.
Supporting sources
…Schechter Poultry Corp. v. United States , 295 U. S. 495, 550 (1935), the Court struck down regulations that fixed the hours and wages of individuals employed by an intrastate business because the activity being regulated related to interstate commerce only indirectly. In doing so, the Court characterized the distinction…