In times of crisis, states may grant their executives emergency powers that can be expansive in scope often with few, if any, legislative or statutory safeguards. When elections overlap with emergencies, as happened in 2020 when the US presidential election coincided with the Coronavirus pandemic, state emergency statutes enable officials to modify the administration of… Continue reading On the Precipice: Democracy, Disaster, and the State Emergency Powers That Govern Elections in Crises
Category: Military Law
The First Calling Forth Clause: The Constitution’s Non-Emergency Power to Call Forth the Militia to Execute the Laws
Alden Fletcher analyzes the historical origins and intent behind the Constitution’s “Calling Forth Clause” that has served as a foundation for confiding vast military authority in the president and potentially allowing the use of military force against civilians. While scholars have interpreted the Clause’s original meaning as requiring violent resistance to the laws before military… Continue reading The First Calling Forth Clause: The Constitution’s Non-Emergency Power to Call Forth the Militia to Execute the Laws
Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine
Article 37 of the Uniform Code of Military Justice (UCMJ) prohibits unlawful command influence (UCI) in military prosecutions. The prohibition of UCI, Vincent A. Marrazzo argues, is a critical component of the military justice system, ensuring both fairness and public confidence in the military prosecution process. Marrazzo contends, however, that the Court of Appeals for… Continue reading Apparent Unlawful Command Influence: An Unworkable Test for an Untenable Doctrine