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To: Dead Corpse
The Uniform Code of Military Justice (UCMJ, 64 Stat. 109, 10 U.S.C. Chapter 47), is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . . . To make Rules for the Government and Regulation of the land and naval forces."

The Manual for Courts-Martial (MCM) is the official guide to the conduct of Courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law in the Uniform Code of Military Justice (UCMJ). The MCM contains 5 parts plus 27 appendices.

Simple enough.

To understand Judge Lind's ruling, one has to understand the defining role of Congress in the military. Hint: it's statutory, as in authorizing, as in what makes certain things legal and other things not. That Constitutional role interacts with the President's Constitutional role in sometimes complex ways.

173 posted on 12/02/2010 1:59:03 PM PST by tired_old_conservative
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To: tired_old_conservative
An Executive Order of the President of the United States, the MCM details and expands on the military law in the Uniform Code of Military Justice (UCMJ). The MCM contains 5 parts plus 27 appendices.

And here's an up-to-date copy of the MCM issued and enforced by the CiC/President. The JSC can make recommendations, but it is up the to President to use an EO to make changes and to see that they are enforced all teh way down the chain.

All authority trickles down from the CiC. Without which, there IS no military command structure that has any force of legality what-so-ever. Deliberately made that way by the Founders to keep the military power subordinate to the civil power.

If there is a question about the CiC's eligibility to enforce the UCMJ and the MCM, then damn straight any courts martial proceedings taking place are called into question.

175 posted on 12/02/2010 2:10:51 PM PST by Dead Corpse (III, Alarm and Muster)
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