1、1 Under Article I, sec. 8 of the U.S. Constitution, Congress has the power to raise and supportArmies; provide and maintain a Navy; and provide for organizing and disciplining them.2 Chappell v. Wallace, 462 U.S. 296, 300 (1983) (recognizing the need for special regulationsin relation to military di
2、scipline. . . .); Schlesinger v. Councilman, 420 U.S. 738, 757 (1975);Burns v. Wilson, 346 U.S. 137, 140 (1953) (Military law . . . is a jurisprudence which existsseparate and apart from the law which governs in our federal judicial establishment.); Orloffv. Willoughby, 345 U.S. 83, 94 (1953) (The m
3、ilitary constitutes a specialized communitygoverned by a separate discipline from that of the civilian).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21849May 26, 2004Administrative Separations for Misconduct:An Alternative or C
4、ompanion to MilitaryCourts-Martialname redactedLegislative AttorneyAmerican Law DivisionSummaryThe recent reports of abuse of prisoners held by U.S. military personnel have raisedquestions about how the armed forces control servicemembers. Congress, under theauthorities vested in it by the U.S. Cons
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