• Summary
  • Contents
  • Subject index

Part of The Supreme Court’s Power in American Politics Series, this title addresses the body of statutory and case law covering both the military and military conduct. Four chapters discuss the relationship between the Supreme Court and military justice, covering the Civil War era, World War II, the post-war period from 1956 to 1987, and developments since the September 11, 2001, attacks. Each chapter also includes a set of documents that shed light on these periods of U.S. history.It includes excerpts from key Supreme Court briefs and rulings which are complemented by articles from the Army Times, the Armed Forces Journal, and mass media including the New York Times and The Nation. Incisive introductions to these documents explain the evolution of constitutional law and the ...

The Supreme Court and Military Justice in the World War II Era, 1942–1946 Ex Parte Milligan—Revisited but Still Revered?
The Supreme Court and Military Justice in the World War II Era, 1942–1946

As was noted in the previous chapter, by the late nineteenth century military justice had become a well-established collection of policies and regulations, codified in the Articles of War. Further, it had produced a body of court-martial decisions which—with one dramatic exception—had never been reversed by the Supreme Court. The exception was, of course, Ex Parte Milligan,1 and for all the interest it generated in 1865–1866, it attracted little, if any, judicial interest for the next sixty years or so. Military justice continued to evolve as an independent judicial system, practically free from civilian court oversight. Whether such a development was intentional on the part ...

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