Executive powers The president can issue rules, regulations, and instructions called executive orders, which have the binding force of law upon federal agencies but do not require approval of the United States Congress. Executive orders are subject to judicial review and interpretation.

Inherent powers are those powers that a sovereign state holds. In other words, Inherent powers are assumed powers of the president not specifically listed in the Constitution. Inherent powers come from the president’s role as chief executive.

Other examples of inherent powers include the power to create immigration laws, recognize foreign countries and the power to create new departments of government.

Curtiss-Wright Case

A civilian has the right to sue the military under the FTCA for negligence. The right extends to veterans and military dependents. The Feres Doctrine is from a 1950 U.S. Supreme Court case in which the court ruled that active-duty service members are barred from filing negligence claims against the government.

Non-judicial punishment

There are two kinds of orders, direct and lawful. Direct orders can only be given by officers, however, lawful orders can be given by NCOs.

The military cannot confiscate private property without probable cause or a warrant. This would be a violation of the Soldier’s Fourth Amendment rights. The NCO can order the Soldiers not turn on their phones during duty hours or to not have their phones out during duty hours, except for an emergency.

Article 91: Insubordinate conduct toward warrant officer, NCO, or PO. Obviously, being disrespectful can be shared a variety of methods through words or acts that are rude, indifferent, insolence (silent) and impertinence towards the officer and within his/her sight and hearing.

Article 92 defines disobeying a direct order as three types of offenses – violations or failures to obey lawful general orders or regulations, failures to obey other lawful orders, and dereliction of duty.

Home » Court Martial Defense » Punitive Articles of the UCMJ » UCMJ Article 99: Misbehavior Before the Enemy. Should any service member of the United States armed forces misbehave in the presence of the enemy in a time of warfare, he or she will be subject to Article 99 of the UCMJ.

The government can accuse you under UCMJ Article 91 for striking, disobeying, or using contemptuous language or disrespect toward a warrant officer, noncommissioned officer, or petty officer of the U.S. armed forces.

Authority to administer oaths and to act as notary. (a) The following persons on active duty or performing inactive-duty training may administer oaths for the purposes of military administration, including military justice: (1) All judge advocates.

Article 137, UCMJ Briefing is Required for All Enlisted Members. The Article 137 briefing originates from the Uni- form Code of Military Justice. It outlines specific articles within the UCMJ that must be “carefully explained” to en- listed members at certain times during their career.

Article 134: General Article This article of the Uniform Code of Military Justice is a catch-all for offenses that are not spelled out elsewhere. It covers all conduct that could bring discredit upon the armed forces that are not capital offenses.

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or …

Under the Uniform Code of Military Justice, the offense of assault can be committed by one of three ways – offer, attempt, or by battery. An assault by offer places another person in reasonable apprehension of force. The act or omission can be intentional or culpably negligent.

An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Offenders in the US military may face non-judicial punishment, a summary court-martial, special court-martial, general court-martial, or administrative separation.

Article 120 is the military statute which defines rape, aggravated sexual assault, aggravated sexual contact, and abusive sexual contact. These offenses include different types of unlawful, forced sexual activities on another person.

(Article 120a, UCMJ, defines a course of conduct as a repeated maintenance of visual or physical proximity to a specific person; or a repeated conveyance of verbal threats, written threats, or threats implied by conduct or a combination of such threats, directed at or towards a specific person; the term “repeated” is …

Article 15 of the Uniform Code of Military Justice allows for a commanding officer to decide the innocence or guilt and administer the punishment to an offender if necessary when a military member gets into trouble for a minor offense that does not require a judicial hearing.

Article 120c, UCMJ Other Sexual Misconduct includes Indecent Viewing, Visual Recording, or Broadcasting sexual or private area images of others without their consent.

Indecent recording That the accused knowingly recorded the private area of another person; That said recording was without the other person’s consent; and. That said recording was made under circumstances in which the other person had a reasonable expectation of privacy.

Indecent viewing is when someone knowingly and wrongfully views the private area of a person. In order to qualify as an indecent viewing, however, it must be without consent and it must have occurred under circumstances in which the alleged victim would have a reasonable expectation of privacy.

Forcible pandering – The accused compelled another individual to engage in prostitution with any person. Indecent exposure – The accused exposed their genitalia, anus, buttocks, or female areola or nipple in an indecent manner that was done intentionally in the view of people other than the individual’s family.