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The Militia and the Constitution: A Legal History

By Fields, William S.

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Book Id: WPLBN0000660571
Format Type: PDF eBook
File Size: 2.25 MB.
Reproduction Date: 2005

Title: The Militia and the Constitution: A Legal History  
Author: Fields, William S.
Volume:
Language: English
Subject: Government publications, Armed Forces, Military law
Collections: Military Law Review
Historic
Publication Date:
Publisher: Government Publication

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Fields, W. S. (n.d.). The Militia and the Constitution: A Legal History. Retrieved from http://ebook.worldlibrary.net/


Description
Military Law Review

Excerpt
Introduction: In examining the subject of the militia and the Constitution, a number of important issues immediately come to mind-the ?federalism? issue of state versus national control of the militia, the ?checks and balances? issue of presidential versus congressional control of the national military establishment, the issue of the political compromises reached in an effort to overcome the inherent weaknesses of the Articles of Confederation, and the paramount issue of civilian control over the military. To the Framers of the Constitution, the militia issue of perhaps the greatest significance, however, was the more fundamental question of the nature of the militia as a legal and political institution. Although less obvious to us today, that issue went to the very essence of the military?s role in the new democratic republic and figured prominently in the debate over the ratification of the Constitution

Table of Contents
CONTENTS ARTICLES The Militia and the Constitution: A Legal History ....................................... William S. Fields David T. Hardy 1 Allied Security Forces in Germany: The NATO SOFA and Supplementary Agreement Seen From a German Perspective ..................................... Andreas Gronimus 43 Defense Witness Immunity and the Due Process Standard: A Proposed Amendment to the Manual for Courts -Martial ................................ Major Steven W. Myhre 69 Operation Desert Storm: R.E. Lee or W.T. Sherman? ............................. Major Jeffrey F. Addicott 116 ?Law of War? and Ecology-A Proposal for a Workable Approach to Protecting the Environment Through the Law of War ................................ .Michael Diederich, Jr. 137

 

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