Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in State and Local Government Law
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
Cleveland State Law Review
State law has struck an unconstitutional balance between military and civil power in Ohio. The Strict Subordination clause of the Ohio Constitution provides, "the military shall be in strict subordination to the civil power."' Nevertheless, the statutes that govern deployment of the state militia allow commanders of the state's military forces to eclipse civil power. This article examines the law enforcement role of the state militia and recommends several measures by which the General Assembly can implement the constitutionally prescribed relationship between military and civil power in Ohio.
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
Cleveland State Law Review
State law has struck an unconstitutional balance between military and civil power in Ohio. The Strict Subordination clause of the Ohio Constitution provides, "the military shall be in strict subordination to the civil power."' Nevertheless, the statutes that govern deployment of the state militia allow commanders of the state's military forces to eclipse civil power. This article examines the law enforcement role of the state militia and recommends several measures by which the General Assembly can implement the constitutionally prescribed relationship between military and civil power in Ohio.