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Military Law
The Constitution grants to Congress the power
to raise and support armies and a navy, to suppress insurrections, and
repel invasion among other military-related governmental roles. Thus,
the main source of legal authority in this area is federal law.
Congress's control over formation, organization and governmnet of the
national armies is plenary and exclusive.
Military law consists of the Uniform Code of Military Justice and other
statutory provisions for the government of persons in the Armed Forces
to which may be added the unwritten common law of the usage and custom
of military service as well as regulations and authorized by the
President as Commander in Chief of the Armed Forces. It is a part of
our body of law as a whole, and is fully recognized by civil courts; it
is in force in time of peace as well as in time of war. All persons
serving in the Armed Forces of the United States are subject to
military law at all times.
Military laws are goverened by the federal regulations and the Uniform
Code of Military Justice. Military lawyers deal with these rules to
issue appropriate disciplinary actions of military personel.
Military law also has incorporated into it regualr civilan law and
military attorneys take these laws as well as military code of law and
ethics into consideration when defending and litigating on behalf of a
client. Persons engaged in the service of the United States Armed
Forces are under military laws at all times, in peace as well as war
times.
Some instances of infraction that military defense lawyers may have to
defend are desertion and inexscused absence, suspresnsion or revocation
of clearance for security reasons, postive testing for drug use,
petitioning to correct military records, malpractice suits in military
circumstances, promotions and special status postions and appeals to
the Court of Armed Forces.
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