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Report of the Department of Defense Study Group on the U.S. Court of Military Appeals

Formed on July 17, 1987, the DOD Study Group was tasked with identifying and examining all issues affecting the size, organization, jurisdiction and operations of the United States Court of Military Appeals, which was “a three-judge court of limited jurisdiction established under Article I of the U.S. Constitution and located for administrative purposes only in DOD.” Composed of a military attorney from each of the armed services and, by invitation, a military attorney from the U.S. Coast Guard, the Acting DOD General Counsel formalized the Study Group on September 15. The objective of the Study Group was “to facilitate the exchange of information and views among the services and the Office of the Secretary of Defense, provide the best possible information base for evaluation by the Department of Defense and each of the military departments of any legislative proposals, and propose for further consideration within the Department of Defense any legislation deemed appropriate.” The Study Group concluded that retaining the Court of Military Appeals as an Article I court would allow “continued, special deference to be given to the military and [would] allow Congress to fully exercise its Article I powers over the military as the Supreme Court has interpreted them and as the framers of the Constitution envisioned them.”


Report of the Department of Defense Study Group on the U.S. Court of Military Appeals

Report of the Department of Defense Study Group on the U.S. Court of Military Appeals (1988)

 

 

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  January 27, 2014
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