Independence of the military justice system is predicated on the premise that courts-martial are Article I courts, that only Congress has the authority to establish military rights, and that courts-martial are designed to enforce military discipline. This Article examines the independence concept eroded in Burns v. Wilson, which granted limited review of military cases by the federal courts that insulates the military justice system from federal decisional law. The author advocates a greater federal court involvement in speech and equal protection cases through the writ of habeas corpus.
Michael O. Clark,
The Effect of Federal Court Constitutional Law Decisions on Military Law,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol10/iss1/9