U.S. Supreme Court

Article III of the U.S. Constitution establishes the Supreme Court of the United States but says little else about it. The Constitution also gives Congress the right to declare war and gives the president the title of commander in chief. Over the years, the Court has been hesitant to intervene in military matters, preferring to leave them to the other branches. Nevertheless, it has rendered some important decisions in this area, which will be highlighted in this entry.

Early Decisions

During the tenure of Chief Justice John Marshall, the Court rendered many historic decisions. One of its less-noticed ones was nonetheless of importance to the military. In Martin v. Mott (1827), it looked at a clause in Article I, Section 8, of the Constitution giving Congress the ...

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