Even a vacuum doesn’t operate in a vacuum.
I’ve often been led to believe this quote attributed to George Washington referred to discipline in the punishment sense. This is often combined with the additional statement that one of his first decisions upon taking command of the Continental Army was to appoint LT William Tudor as Judge Advocate General. But it is much more likely he referred to discipline in the training sense. And to obtain the discipline Washington sought to save his army, he turned to the most capable man for the job—an immigrant.
Both the Supreme Court of the United States and military courts have struggled to formulate an adequate constitutional framework for military society. The simplest explanation may be that these courts have so far failed to articulate an appropriate legal framework that works in military society. This focus is on the “law side” of the equation. There is certainly much truth to this statement. But perhaps there should be more focus on the nature of the military society courts are to oversee. Perhaps practitioners and scholars have failed to properly describe the particular military society at issue.