Questions tagged [military]

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3
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78 views

Why weren't the US Navy and Marines added to the Posse Comitatus Act in 1956?

The Posse Comitatus Act was originally enacted in 1878 to restrict the use of the United States military in many domestic matters. Originally, the act only covered the Army, which doesn't seem ...
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1answer
383 views

Can you seek asylum for not wanting to do your mandatory military service in your home country?

Let assume you live in a country where there is mandatory conscription that you need to fulfill. However, you don't want to do that, and it is not possible for you to renounce your citizenship without ...
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4answers
9k views

Can a soldier refuse to carry a weapon?

During WWII, Desmond Doss joined the US Army as a combat medic. Due to his religious belief in nonviolence, he refused to carry a weapon and was eventually allowed to do so, going on to win various ...
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2answers
4k views

In the U.S. must treason be tried by a military tribunal?

I've run into the claim that in the U.S. that treason must be tried by a military tribunal, even if the accused is a civilian. Is this true? I tried Googling the question, but it seems I don't know ...
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2answers
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Implementation or enforcement: which is required by law by the governments concerned?

In this q/a site and also in other q/a site of stack exchange networks, numerous questions are asked and answered. If these questions and answers are found to be legally binding, do the governments ...
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2answers
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I'm a trans woman. When can I deregister from the American draft registry?

When I was 18, I received a scary form from the Department of Defense telling me I had to sign up for something called “Selective Service” (or face prison time and other things). Not knowing any ...
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1answer
117 views

How could the recruits have legally defended themselves against the drill sergeant's insults in Full Metal Jacket?

I stood with my mouth open as I watched the first ten minutes of the movie Full Metal Jacket: https://www.youtube.com/watch?time_continue=2&v=71Lft6EQh-Y&feature=emb_logo The movie is set in ...
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27 views

Is there a (US-)legal case for forcing the government out of Syria?

Recently, US president Donald Trump said that the US was ending its involvement in the local internecine fighting in Syria, and staying there - military - to "keep the oil". Regardless of the blatant ...
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2answers
425 views

How is it legal for the US miltary to decide to help a film maker based on the script?

According to this article on TV Tropes and this article in The Guardian, the US military will provide facilities to film makers, as well as advice to help them get the details right. However this is ...
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2answers
242 views

Can a soldier enforce federal law?

I was reading a book(fiction) recently and a kidnapping happened. A woman escaped and ran into several people. One of them being a soldier with his wife. As the kidnapper tries to find the escaped ...
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0answers
146 views

Was William Bruce Mumford convicted of treason?

Wikipedia says When the Union Army occupied the city on May 1, Mumford was arrested and charged with "high crimes and misdemeanors against the laws of the United States, and the peace and ...
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1answer
95 views

Military Law and Double Jeopardy?

We all know, that Double Jeopardy applies in the US, stopping one from getting tried twice for the same act... by the same type of court. Double Jeopardy does obviously not apply to being tried by the ...
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2answers
353 views

Contours of a national emergency in the United States

Are there any 'bright lines' that prevent an administration (not just the current administration, but future administrations as well) from regularly resorting to the national security argument when it ...
53
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2answers
24k views

Is it truly illegal for the US army to hire someone with IQ less than 83?

In this video Peterson says that ... anybody into the Armed Forces if they have an IQ of less than 83... Is this true? What law is this supposed restriction based on?
3
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1answer
92 views

Did citizens of New Hampshire have the ability to buy their way out of military service in WW2?

Before 1964 the New Hampshire Constitution had two articles (12 and 13) in its Bill of Rights permitting citizens to pay money in lieu of compulsory military service. In World War 2 and the Korean ...
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1answer
232 views

What law designated the U.S. Marshals as non-military?

What is the code that says that the United States of America Marshals will not be seen as the military anymore?
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1answer
137 views

I have a old question. What is the law that says the military will not be formed inless a abuse befalls a United States of America American? [closed]

I have a old question. What is the law that says the United States of America will not have a formed military and the United States of America Military will not gather, congregate or group unless an ...
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1answer
75 views

What would most likely happen to this National Guard Commander?

In the TV Shower Designated Survivor:
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0answers
173 views

What penalties can a court martial impose?

This question on Aviation SE asks whether pilots in the US have to hold a driver's license (they don't). In a comment the poster explained why they asked the question: The reason and details cannot ...
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3answers
195 views

Can someone holding a job with access to classifed information travel abroad?

In Russia there are some categories of employees with access to classified information (mostly in the military) who are legally BANNED from travelling abroad (due to the knowledge they possess) while ...
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2answers
102 views

What are the legal bounds of a “well regulated militia”?

Let's say a team of well equipped, former special forces soliders left the U.S. Army and formed a "militia." Legally, what could some of their missions be, if they were even allowed to operate? Who ...
2
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1answer
183 views

Is there a definition of “biological sex” in U.S. law?

According to MEMORANDUM FOR THE PRESIDENT / SUBJECT: Military Service by Transgender Individuals: • Transgender persons with a history or diagnosis of gender dysphoria are disqualified from ...
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1answer
3k views

Can the military see my sealed juvenile record during the background check?

I applied for US Military Engineering Internships in California. I talked to a recruiter and he said there will be a background check. I am now in a college. When I was 14, I made a stupid mistake. I ...
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1answer
325 views

Are the U.S. military police allowed to operate on U.S. soil?

Recently I saw an action movie about military police officer in the U.S. One question surfaced for me - as far as I understand main task of military police (including its investigators) is to combat ...
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1answer
251 views

Can you avoid military service in the Ukraine when you are studying at an university?

Is it possible to do not go to an army in Ukraine due to the studying at the university? I mean not going to an army at all and studying at the university until you are 27 years old.
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2answers
375 views

Has somebody gotten major prison sentences in the US for simply deserting their post?

Bowe Bergdahl deserted his post in Afghanistan. Originally facing the possibility of a life-sentence, prosecutors ultimately attempted to give him a 14-year sentence. This seems like an absolutely ...
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1answer
40 views

Taking and publishing photographs of military vessels in EU

I'm a French citizen. In a recent trip to Ireland, I took a photo of an Irish military vessel entering the port. By curiosity, I started checking whether it is legal to first take, and then publicly ...
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3answers
529 views

Can President Trump shoot off the nukes whenever he wants to, even for no reason?

According to a recent editorial in Scientific American(March 1,2017 "Take the Nukes off a Short Fuse"), the president of the United States can order missiles to be shot off without anyone else ...
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2answers
664 views

Why are mercenaries illegal but military servicemen serving voluntarily are not?

It looks like mercenaries are outlawed and are considered "unlawful combatants". Mercenaries are people who engage in combat for compensation. Many states have armies where at least some of the ...
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1answer
198 views

What happens if Congress blocks funding for a President's military order?

There is talk of Congress passing legislation to block funding for a military strike on North Korea. My question is, what happens if the president orders an attack assuming it is within his authority?...
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2answers
6k views

USA - Grounds for Treason / Arrests to Prevent a Coup

The base question is what grounds must a president have to initiate arrests on the basis of treason. What evidence must be had, if any. In the event of a suspected Coup, what acts may the president ...
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1answer
191 views

What to do with Grandad's Top Secret documents

He worked for the US government and left behind some documents that might be actually important. What's the proper procedure here, do we destroy everything or is there somewhere we should take these?
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1answer
93 views

What would happen to a member of the Austrian air force, if he flew over refugees with an airplane?

I'm writing a story about a pilot in the Austrian air force, who uses his Eurofighter jet to prevent illegal immigrants from going over the border by flying over them at a low altitude. As far as I ...
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1answer
36 views

What is the terminus of the AUMF?

Does the AUMF authorization expire upon a certain condition or is it indefinite? If not indefinite, at what point would it be terminated?
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1answer
132 views

Is Steve Bannon's Navy Personnel file protected information and if so, does USA Today bear legal culpability for obtaining and publishing it?

I was reading USA Today article about Bannon, and one statement piqued my interest: Bannon’s military personnel file, obtained by USA TODAY, shows he was regularly promoted during his seven years ...
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2answers
250 views

Are lethal autonomous weapon systems legal?

Are lethal autonomous weapon systems legal? I want to know whether this technology is illegal, or not - specifically in the UK, but globally as well. I know the Convention on Certain Conventional ...
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2answers
250 views

Can law enforcement/military shoot to kill for merely making a phone call that is deemed treasonous?

Warning: This question contains spoilers to the film Arrival (2016). If that bothers you, move on now. In the 2016 film Arrival, humanity confronts a crisis with the arrival of a dozen alien ...
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1answer
103 views

Does the USAF have any legal implications of being created much after the Constitution?

The Constitution discusses appropriations and regulations for land forces and Navy. Is it possible that the Air Force can benefit (or suffer) from this omission (on account of not yet being invented,...
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1answer
192 views

At what point can a surrendered military force resume fighting?

Scenario A military unit is about to be overrun by the enemy; to preserve the lives of his men, the commander elects to surrender. The entire force surrenders to the enemy, so there was no fighting ...
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1answer
2k views

In the Allied movie, was the order to the officer to kill spying wife a legal fact or fiction?

In the World War II era film Allied (Paramount Pictures, 2016), Canadian RAF airman Max Vatan (played by Brad Pitt) is informed by his superiors that the British military code requires him to quickly ...
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3answers
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Can the USA military be used as a police force domestically?

A discussion on a sister Stack Exchange site led me to ask this question. Under what conditions can a branch of the military (excluding the Coast Guard for technical reasons) be used in an active ...
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2answers
239 views

Can there be a scenario where the use of an IED against an enemy is legally justifiable? (It's for a book, I swear…)

Before I go any further, let me be clear that this is for a work of fiction. Doing some research for a story where a military protagonist becomes trapped behind enemy lines, with a plan to have her ...
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1answer
316 views

Is it legal for the military to shoot down a plane that is going to crash?

In a few cases pilots have been rendered unconcious or killed and their planes have flown on as 'ghost' planes. So imagining a situation where the pilots of an airliner suddenly die and the ...
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113 views

If a crime victim is a member of the US military, must local law enforcement defer jurisdiction to the military?

I was watching a cop show the other day, and city police were at the scene of a one-victim crime. It was determined that the victim was a service member. The lead detective then muttered, "which means ...
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1answer
3k views

Who has jurisdiction over civilian crimes on a US military base overseas?

A friend of mine works for the US military, and their family was living on a base in an allied nation. While they were there, a person known to them did some terrible things to their family, the kind ...
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0answers
79 views

Private military activity

Is there any country that would legally allow a private military organization to take part in a military conflict outside of its own borders? For example, a private military agency established in ...