Bishop, Joseph2021-11-262021-11-261964-01-01Joseph W Bishop Jr, Court-Martial Jurisdiction Over Military-Civilian Hybrids: Retired Regulars Reservists and Discharged Prisoners, 112 U. PA. L. REV. 317 (1963).2006870http://hdl.handle.net/20.500.13051/2182One of the numerous constitutional questions about which the Constitution itself tells us very little is the extent to which persons who are not soldiers or sailors on active duty may be subjected to trial by court-martial. Clause 14 of article 1, section 8, says that Congress may "make Rules for the Government and Regulation of the land and naval Forces;" clause 18 adds that Congress may "make all Laws which shall be necessary and proper" to that end. The fifth amendment exempts from its requirement of grand jury indictment "cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger." The rest is silence.https://digitalcommons.law.yale.edu/fss_papers/2829https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3829&context=fss_papers&unstamped=1