A Criminal Justice System To Be “Indulged In Rather Than Allowed As a Law”

Today, rarely anyone questions the military’s ability to prosecute a service member for any state or federal (military or civilian) offense simply due to his status as a member of the military. This is so regardless of where the offense occurred, who it involved, or whether there was any discernable (however remote) connection to military duty. It also does not matter whether the service member has been previously prosecuted in state court, or will be subsequently prosecuted in such court. This is an extraordinary deference by the Court and Congress during a period of equally extraordinary reverence for the military.  It is also completely divorced from American history and experience—And may also be unconstitutional.

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