Military refers generally to the armed forces of any state, government, or sovereign entity. The Constitution grants to Congress the power to raise and support armies and a navy, to suppress insurrections, and repel invasion among other military-related governmental roles. Thus, the main source of legal authority in this area is federal law. Congress's control over formation, organization and government of the national armies is plenary and exclusive.
Military law consists of the Uniform Code of Military Justice and other statutory provisions for the government of persons in the Armed Forces to which may be added the unwritten common law of the usage and custom of military service as well as regulations and authorized by the President as Commander in Chief of the Armed Forces (See 10 U.S.C. § 121). It is a part of our body of law as a whole, and is fully recognized by civil courts; it is in force in times of peace as well as in times of war.
All persons serving in the Armed Forces of the United States are subject to military law at all times.
Federal Material:
- U.S. Constitution and Federal Statutes
- U.S. Code
- 10 U.S.C. - Armed Forces
- 18 U.S.C. § 1024 - Purchase or Receipt of Military, Naval, or Veteran's Facilities Property
- 18 U.S.C. § 1382 - Entering Military, Naval, or Coast Guard Property
- 18 U.S.C. § 2387 - Activities Affecting Armed Forces Generally
- 32 U.S.C. - National Guard
- 37 U.S.C. - Pay and Allowances of the Uniformed Services
- 38 U.S.C. - Veterans' Benefits
- 50 U.S.C. - War and National Defense
- Uniform Code of Military Justice
- CRS Annotated Constitution
- U.S. Code
Federal Judicial Decisions
- U.S. Supreme Court:
State Material:
- State Judicial Decisions:
- N.Y. Court of Appeals: Booth v. Clary
Additional Resources:
- Joint Chiefs of Staff
- U.S. Air Force
- U.S. Army
- U.S. Coast Guard
- U.S. Navy
- U.S. Marine Corps
- U.S. Space Force
- National Guard
- Air Force Reserve
- Army Reserve
- Combatant Commands
Additional Resources
[Last updated in July of 2023 by the Wex Definitions Team]