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- Title
DOING AWAY WITH THE MILITARY DEFERENCE DOCTRINE: APPLYING LESSONS FROM CIVIL-MILITARY RELATIONS THEORY TO THE SUPREME COURT.
- Authors
RODMAN, LINDSAY LYON
- Abstract
This Article uses civil-military relations theory, an interdisciplinary academic theory, to inform a critique of the Supreme Court's military deference doctrine. National security leaders noted in late 2022 that we are in a moment where civil-military relations are backsliding. Civil-military relations theory requires robust civilian oversight of the military in a functioning democracy. The Article discusses the language and arguments that underpin the military deference doctrine and argues that using national security deference or congressional deference while focusing on civilian decision-making and the exercise of oversight of the military, rather than deference to military decision-making itself, would be a more responsible approach.
- Subjects
CIVIL-military relations; DEMOCRACY; NATIONAL security; MILITARY doctrine; UNITED States. Supreme Court
- Publication
North Dakota Law Review, 2024, Vol 99, Issue 2, p327
- ISSN
0029-2745
- Publication type
Article