Download PDF by Diane H. Mazur: A More Perfect Military: How the Constitution Can Make Our

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By Diane H. Mazur

ISBN-10: 0195394488

ISBN-13: 9780195394481

Surveys convey that the all-volunteer army is our Most worthy and relied on establishment, yet during the last thirty-five years it has grown estranged from civilian society. with no draft, imperfect because it used to be, the army is not any longer as consultant of civilian society. Fewer humans settle for the duty for army carrier, and a bigger quantity lack the data to be engaged individuals in civilian regulate of the military.The finish of the draft, even if, isn't the most vital cause now we have an important civil-military hole this day. A extra excellent army explains how the perfect court docket used the cultural department of the Vietnam period to alter the character of our civil-military relatives. The ideally suited court docket describes itself as a powerful supporter of the army and its distinct tradition, yet within the all-volunteer period, its judgements have constantly undermined the military's conventional dating to legislations and the structure. most folk might by no means suspect there has been something unsuitable, yet our civil-military kin at the moment are as constitutionally fragile as they've got ever been.A extra excellent army is a bracingly candid overview of the military's constitutional future health. It crosses ideological and political obstacles and is challenging-even unsettling-to either liberal and conservative perspectives. it's written if you think the army can be slipping clear of our universal nationwide event. This e-book is the blueprint for a brand new nationwide dialog approximately army provider.

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Extra info for A More Perfect Military: How the Constitution Can Make Our Military Stronger

Example text

3 To be fair, the military law students did accurately state in their brief that all Marine officers, including lawyers, attend the same basic officer training. However, the students apparently could not resist expanding the facts to make a larger, more misleading point. It may seem I am being unnecessarily harsh in my evaluation of the military law students’ amicus effort. If so, it is because the consequences for civil-military relations are so severe. These law students are not just students or “the kids,” as law professors sometimes slip and call them.

The opinion condescendingly lectured the law schools on all the simple points of constitutional law the Court thought they failed to understand. The Court cracked jokes at their expense; it laughed as much as courts can laugh while writing a formal judicial opinion. For example, it made fun of the law schools’ concern that if forced by the Solomon Amendment to host military recruiters, they would be seen as condoning the very discrimination that “Don’t Ask, Don’t Tell” requires and that law schools strongly oppose.

The Court had absolutely no interest, understandably, in getting in the middle of an argument between the Army and one disgruntled draftee about his particular work detail. It ruled against Orloff and in favor of the Army, for three reasons. First, if it granted Orloff’s request, how many more would there be? It was simply not feasible or practical for courts to decide whether individual soldiers have been assigned duties consistent with their specialty or job classification. Second, the Court was openly contemptuous of Orloff and his behavior, painting him as selfish and ungrateful, especially given the financial assistance he received from the government for his medical training.

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A More Perfect Military: How the Constitution Can Make Our Military Stronger by Diane H. Mazur


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