US Military Law

Mon, 06 Jul 2026 00:00:00 +0000

Constitutional and Statutory Foundations

United States military law derives from the constitutional grant of authority to Congress under Article I, Section 8, Clause 14 of the U.S. Constitution, which empowers Congress “To make Rules for the Government and Regulation of the land and naval Forces.” This clause, known as the Make Rules Clause, forms the constitutional bedrock for the Uniform Code of Military Justice (UCMJ) and the entire system of courts-martial. The Supreme Court in Solorio v. United States (1987) affirmed that the jurisdiction of courts-martial extends to all service members regardless of the service connection of their offenses, overruling the earlier service-connection test established in O’Callahan v. Parker (1969).

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US Military Law

Constitutional and Statutory Foundations