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Federal Civil Jurisdiction Of Military Justice, Chester B. Gynn Jr.

Cleveland State Law Review

Control exercised by the federal civil courts over courts-martial differs from that found in other types of cases involving the relation of federal and state courts. The federal civil courts are constitutional courts; the military courts are administrative courts established by Congress and empowered by the Constitution; while state courts receive their power from entirely different sovereigns. Thus, to determine the powers of review which federal civil courts have over courts-martial, reference must be made almost exclusively to cases involving courts-martial.