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
Category: Military Law
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
Guantanamo Detention in the Time of COVID-19
The COVID-19 pandemic has brought new attention to what many familiar with Guantánamo Bay have known for years: the military prison lacks the infrastructure, expertise, and equipment to manage and address emergent health issues, including a serious viral outbreak. In this article, defense attorney and former Judge Advocate in the US Air Force Annie Morgan… Continue reading Guantanamo Detention in the Time of COVID-19