This Note mounts a constitutional case against the recent amendment to the Uniform Code of Military Justice (UCMJ) providing court-martial jurisdiction over defense contractors and other civilians accompanying American armed forces during contingency operations. The amendment provides extraordinarily expansive military jurisdiction, and it exceeds the constitutional authority of Congress. This Note considers and rejects three potential authorities for the measure: the Fifth Amendment, the Rulemaking Power, and the War Powers. It finds grave objections arising from the plain text of the provisions, materials illuminating the historical understanding of these words, and the constitutional division of military authorities across the federal structure.
Anna M. Dionne,
"In Time of Whenever the Secretary Says": The Constitutional Case Against Court-Martial Jurisdiction over Accompanying Civilians During Contingency Operations,
Yale L. & Pol'y Rev.
Available at: https://digitalcommons.law.yale.edu/ylpr/vol27/iss1/7