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Articles 1 - 2 of 2
Full-Text Articles in Law
Military Officers And The Civil Office Ban, Stephen Vladeck
Military Officers And The Civil Office Ban, Stephen Vladeck
Indiana Law Journal
In the symposium Essay that follows, I aim to push back against this impression by introducing readers to an important—but little-known—constraint on the militarization of civilian government: the ban on active-duty military officers holding “civil office” codified today at 10 U.S.C. § 973(b). Like its far-better-known contemporary, the Posse Comitatus Act of 1878, the civil office ban was enacted after the Civil War as a means of limiting the ability of the military to exercise control over civilian matters. As the Ninth Circuit put it in 1975, its purpose was “to assure civilian preeminence in government, i.e., to prevent the …
Congressional Authorization Of The Campaign Against Isil, Tyler Salway
Congressional Authorization Of The Campaign Against Isil, Tyler Salway
Indiana Law Journal
I. THE BIRTH OF ISIL
II. CONGRESSIONAL AUTHORIZATION
A. EXPRESS AUTHORIZATION
1. METHODS OF INCLUSION
2. ISIL’S INCLUSION UNDER THE 9/11 AUMF
B. IMPLICIT AUTHORIZATION
III. ISIL AND THE TRUMP PRESIDENCY
CONCLUSION