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I need help from someone that has been in. The UCMJ doesn't mean you are governed by less stringent laws. It doesn't mean you are above the law. It means you have more laws! People in the military must abide by all the US laws, the laws of the territories they are in, and the UCMJ! It is a higher standard. Not a lower standard. Military members are held to the constitution plus additional laws.
That being said I fear some of those additional laws may be found unconstituational.
Service men and women forfeit several civil liberties via the UCMJ when they enlist. Alot of those laws are important to militay operation. Like I said if you take the UCMJ and its higher constraints away then sevicemen are just civilians in camoflauge.
When you get mad at your boss you can tell him to fuck off and go home and only repercussions is getting fired. Picture that in a war zone. A dozen infantry engaged by opfor and they decide they've had enough and go home. How effective do you think the military would be? I don't think I need to explain the effects of revoking the article on malingering, adultery, DUI, Carnal knowledge. This country has to expect its servicemen to be held to the highest standard.
What stops another judge from declaring another part of the UCMJ unconstitutional?
Now DADT is different from these other laws. I can't really justify myself why it is still in place. But I stand firm on my opinion that declaring it unconstitutional is the wrong way to repeal it because it sets a dangerous precedent.
And in the end the armed forces is about protecting civil liberties not enjoying them....jk
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