Command Authority In Selected Aspects Of The Court Martial Process PDF Download

This paper explores the historical, Constitutional, and practical dimensions of the Congressional decision to maintain command control over the court-member appointment process and concludes that the system meets the due process standards of an Article I court while permitting Congress to achieve its goal of creating a fair, efficient, and practical system that works worldwide, in garrison or in a deployed environment, in time of peace or at war. Command control of the court-member appointment process is vital to maintaining a system of military justice that balances the needs of the military institution with the rights of the individual. Section II of this paper will plumb the historical underpinnings and constitutional framework of command control of the court-martial system. Section III will address and defend against contemporary attacks on convening authority panel selection. Section IV will propose a two-phase strategy to help ensure the preservation of convening authority panel selection.