This Note explores the successes and failures of Congress’s relationship with military justice, from the Founding to the present. The Note reveals how Congress has become more willing over time to alter the structure and function of military justice, shaping a system that increasingly resembles the civilian courts. But congressmembers also have interfered with the everyday administration of military justice in ways that they would never dare to do in the civilian system. This Note proposes legislative reforms to preserve Congress’s legitimate oversight of the enduring problems in military justice and to prevent congressmembers from meddling with pending cases in ways that undermine the system’s integrity.
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Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).