The Constitutionality of Military Jurisdiction: A Potential Starting Point

Now that my latest project on the continuing relevance of intermediate military tribunals is just about ready for submission this fall (just some proofreading and Bluebooking), I can spend a little more time musing about military law, history, and society. I have become increasingly interested in the history, and constitutionality, of military jurisdiction over service members, particularly in non-military specific offenses in the absence of a declared war. This led me to Sir William Blackstone’s monumental work on the common law.

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