A More Perfect Military: How the Constitution Can Make Our Military Stronger

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Oxford University Press, Nov 17, 2010 - Law - 240 pages
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Surveys show that the all-volunteer military is our most respected and trusted institution, but over the last thirty-five years it has grown estranged from civilian society. Without a draft, imperfect as it was, the military is no longer as representative of civilian society. Fewer people accept the obligation for military service, and a larger number lack the knowledge to be engaged participants in civilian control of the military. The end of the draft, however, is not the most important reason we have a significant civil-military gap today. A More Perfect Military explains how the Supreme Court used the cultural division of the Vietnam era to change the nature of our civil-military relations. The Supreme Court describes itself as a strong supporter of the military and its distinctive culture, but in the all-volunteer era, its decisions have consistently undermined the military's traditional relationship to law and the Constitution. Most people would never suspect there was anything wrong, but our civil-military relations are now as constitutionally fragile as they have ever been. A More Perfect Military is a bracingly candid assessment of the military's constitutional health. It crosses ideological and political boundaries and is challenging-even unsettling-to both liberal and conservative views. It is written for those who believe the military may be slipping away from our common national experience. This book is the blueprint for a new national conversation about military service.
 

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Contents

Introduction
3
1 SlamDunked Law Professors
16
2 A Canary in the CivilMilitary Mine
28
3 Inventing the CivilMilitary Divide
42
4 Justice Rehnquists Vietnam War
53
5 Constitutional Bargains and Military Ethics
74
6 Facing the Consequences
92
7 A Dangerous Disregard for Law
111
8 Recruiting for a Constitutionally Fragile Military
127
9 It Never Was About the Mission
146
10 How Long Can You Still Call It an Experiment?
165
11 A Cautionary Tale about Military Voting
181
12 A Part of America Not Apart from America
190
Notes
201
Index
225
Copyright

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About the author (2010)

Diane H. Mazur is a Professor of Law at the University of Florida and a former Air Force officer. She teaches courses in constitutional law, civil-military relations, evidence, and professional responsibility, and her research focuses on the constitutional, legal, and cultural relationship of the military to civilian society. She is an advisor to the National Institute of Military Justice, a senior editor of the Journal of National Security Law and Policy, and legal co-director of the Palm Center, a research organization studying military issues at the University of California, Santa Barbara.

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