Download or read book Constitutional Rights of Military Personnel written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1962 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers rights of military personnel to due process of law in disciplinary proceedings and improper use of discharge procedures in lieu of courts-martial. Includes American Legion Report "Report of the Special Committee on the Uniform Code of Military Justice and the U.S. Court of Military Appeals" (405-457 p.); Brief of Frederick B. Wiener to the Supreme Court in Beard v Stahr (577-713 p.); and Brief of Archibald Cox, Solicitor General, to Supreme Court in Ledford v Curran (715-774 p.).
Download or read book Constitutional Rights of Military Personnel written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1962 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers rights of military personnel to due process of law in disciplinary proceedings and improper use of discharge procedures in lieu of courts-martial. Includes American Legion Report "Report of the Special Committee on the Uniform Code of Military Justice and the U.S. Court of Military Appeals" (405-457 p.); Brief of Frederick B. Wiener to the Supreme Court in Beard v Stahr (577-713 p.); and Brief of Archibald Cox, Solicitor General, to Supreme Court in Ledford v Curran (715-774 p.).
Download or read book Constitutional Rights of Military Personnel written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1962 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers rights of military personnel to due process of law in disciplinary proceedings and improper use of discharge procedures in lieu of courts-martial. Includes American Legion Report "Report of the Special Committee on the Uniform Code of Military Justice and the U.S. Court of Military Appeals" (405-457 p.); Brief of Frederick B. Wiener to the Supreme Court in Beard v Stahr (577-713 p.); and Brief of Archibald Cox, Solicitor General, to Supreme Court in Ledford v Curran (715-774 p.).
Download or read book Constitutional Rights of Military Personnel written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1962 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers rights of military personnel to due process of law in disciplinary proceedings and improper use of discharge procedures in lieu of courts-martial. Includes American Legion Report "Report of the Special Committee on the Uniform Code of Military Justice and the U.S. Court of Military Appeals" (405-457 p.); Brief of Frederick B. Wiener to the Supreme Court in Beard v Stahr (577-713 p.); and Brief of Archibald Cox, Solicitor General, to Supreme Court in Ledford v Curran (715-774 p.)
Download or read book Constitutional Rights of Military Personnel written by United States Senate and published by . This book was released on 2013-01-23 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: No persons should be more entitled to protection of their constitutional rights than the servicemen engaged in protecting the sovereignty of the United States. Appropriately, the Subcommittee on Constitutional Rights has been concerned since its formation with the rights of military personnel and has made several studies in that connection. In light of the Supreme Court's ruling in Wilson v. Girard which upheld a waiver by military authorities of jurisdiction to try a serviceman for a homicide committed in Japan, the subcommittee investigated the extent to which the rights of servicemen are abridged when they are stationed abroad and so become subject, in some degree, to the jurisdiction of foreign governments. Also, the subcommittee has studied the implications of constitutional limitations enunciated in cases, such as Reid v. Covert Kinsella v. Singleton, and McElroy v. Guagliardo. These cases invalidated the provisions of article 2 of the Uniform Code of Military Justice, which purport to authorize trial by court-martial of military dependents and employees accompanying the Armed Forces overseas in time of peace; but the problem remained of providing a forum for the trial of such individuals where all their constitutional rights would be preserved. Similarly, the subcommittee has grappled with the problem of a suitable tribunal to try offenses committed by exservicemen while they were still on active duty but which, under the holding of Toth v. Quarles, cannot be made subject to military jurisdiction.
Download or read book Constitutional Rights of Military Personnel Summary Report of Hearings written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1963 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Military Justice written by White, Nigel D. and published by Edward Elgar Publishing. This book was released on 2022-03-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations.
Download or read book Military Law in a Nutshell written by Charles A. Shanor and published by . This book was released on 1996 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitution and National Security; Congress; President; War Powers Resolution; Courts; Use of Force Abroad; Internal Disorders; Entry into Military; Enlistment; Officer Appointments; Reservists; Constitutional and Other Rights; Due Process; Equal Protection; First Amendment Rights: Religion, Speech, Political Participation, Symbolic Expression, Publications, Assembly, Petitions, Association; Other Rights: Voting; Residency and Tax Situs; Soldiers' and Sailors' Civil Relief Act; Reemployment; Veterans' Preferences; Military Criminal Justice System; Administrative Correction; Nonjudicial Punishment (Article 15); Courts-Martial; Jurisdiction; Military Criminal Process Through Trial; Appellate Review; Military Crimes; Defenses and Punishments; Constitutional Safeguards: Search and Seizure, Self-Incrimination, Right to Counsel; Law of Armed Conflict; Treaties; Customary Law; Violations; Discharge and Administrative Separation; Enlisted Discharges; Officer Dismissals; Administrative Review; Compensation; Tort Claims; Administrative Claims Remedies; Veterans' Benefits.
Download or read book Military Justice Appendix A p 451 864 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1966 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Military Law Review written by and published by . This book was released on 1972 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Shaping US Military Law written by Joshua E. Kastenberg and published by Routledge. This book was released on 2016-04-01 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.
Download or read book Military Justice Appendix B p 865 1046 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1966 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Rights of Military Personnel written by Rodney J. Collins and published by . This book was released on 1957 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Military Justice written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1966 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Domestic Deployment of the Armed Forces written by Michael Head and published by Routledge. This book was released on 2016-05-13 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recently, internal use of the armed forces has been generally regarded by the public, as well as academic commentators, as conduct to be expected of a military or autocratic regime, not a democratic government. There is however growing concern that the 'war on terror' has been used to condition public opinion to accept the internal deployment of the armed forces, including for broader industrial and political purposes. This book examines the national and international law, human rights and civil liberties issues involved in governments calling out troops to deal with civil unrest or terrorism. As the introduction of military call-out legislation has become an emerging global trend in the opening years of the 21st century, there is considerable and growing interest in the constitutional and related problems surrounding the deployment of military forces for domestic purposes. Examining the changes underway in six comparable countries, the United States, Canada, Britain, Germany, Japan and Australia, this book provides a review and analysis of this trend, including its implications for legal and political rights.
Download or read book Military Justice written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1966 with total page 1102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Posse Comitatus ACT and Related Matters written by Jennifer K. Elsea and published by Independently Published. This book was released on 2018-12-04 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution permits Congress to authorize the use of the militia "to execute the Laws of the Union, suppress Insurrections and repel Invasions." And it guarantees the states protection against invasion or usurpation of their "republican form of government," and, upon the request of the state legislature, against "domestic violence." These constitutional provisions are reflected in the Insurrection Acts, which have been invoked numerous times both before and after passage of the Posse Comitatus Act, 18 U.S.C. Section 1385, in 1878. Congress has also enacted a number of statutes that authorize the use of land and naval forces to execute their objective. The Posse Comitatus Act outlaws the willful use of any part of the Army or Air Force to execute the law unless expressly authorized by the Constitution or an act of Congress. History supplies the grist for an argument that the Constitution prohibits military involvement in civilian affairs subject to only limited alterations by Congress or the President, but the courts do not appear to have ever accepted the argument unless violation of more explicit constitutional command could also be shown. The express statutory exceptions include the legislation that allows the President to use military force to suppress insurrection or to enforce federal authority, 10 U.S.C. Sections 251-255, and laws that permit the Department of Defense to provide federal, state and local police with information, equipment, and personnel, 10 U.S.C. §§ 271-284. Case law indicates that "execution of the law" in violation of the Posse Comitatus Act occurs (a) when the Armed Forces perform tasks assigned to an organ of civil government, or (b) when the Armed Forces perform tasks assigned to them solely for purposes of civilian government. Questions concerning the act's application arise most often in the context of assistance to civilian police. At least in this context, the courts have held that, absent a recognized exception, the Posse Comitatus Act is violated when (1) civilian law enforcement officials make "direct active use" of military investigators; or (2) the use of the military "pervades the activities" of the civilian officials; or (3) the military is used so as to subject "citizens to the exercise of military power which was regulatory, prescriptive, or compulsory in nature." The act is not violated when the Armed Forces conduct activities for a military purpose. The language of the act mentions only the Army and the Air Force, but it is applicable to the Navy and Marines by virtue of administrative action and commands of other laws. The law enforcement functions of the Coast Guard have been expressly authorized by act of Congress and consequently cannot be said to be contrary to the act. The act has been applied to the National Guard when it is in federal service, to civilian employees of the Armed Forces, and to off-duty military personnel. The act probably only applies within the geographical confines of the United States, but supplemental provisions of 10 U.S.C. §§ 271-284 appear to apply worldwide. Finally, the act is a criminal statute under which there has been but a handful of known prosecutions. Although violations will on rare occasions result in the exclusion of evidence, the dismissal of criminal charges, or a civil cause of action, as a practical matter compliance is ordinarily the result of military self-restraint. This report provides an historical analysis of the use of the Armed Forces to execute domestic law and of the Posse Comitatus Act, including their apparent theoretical and constitutional underpinnings. The report then outlines the current application of the act as well as its statutory exceptions, and reviews the consequences of its violation.
