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Combined military forces of the Central African Republic
The basic rule in U.S. military law is that service members must obey lawful orders and refuse unlawful ones; unlawful orders are those that violate the Constitution, federal statute, military regulat...
The Incompatibility Clause — Article I, Section 6, Clause 2 — bars a person who holds “any Office under the United States” from simultaneously serving as a Member of either House of Congress, a rule d...
Two strands of precedent shape how courts treat retirees under the Uniform Code of Military Justice (UCMJ): long-running military-appellate rulings that treat retirement as a continuing “status” that ...
Retired officers who remain “entitled to pay” or are on reserve lists can be subject to UCMJ jurisdiction and even recalled to active duty — a legal position courts and commentators have recently affi...
Congress and federal courts base court‑martial jurisdiction over retirees primarily on the Uniform Code of Military Justice (UCMJ) and a long line of precedent holding jurisdiction depends on military...
The dominant legal standard described in post‑Calley military and legal commentary is that obedience is not a blanket defense: an order must be “manifestly” or “palpably” illegal — i.e., one that “a p...