EveryBody's Guide to the Law

Court ordinarily accepts only cases that will affect many more people than just the parties to
the dispute.
The United States Supreme Court has the final say on most legal matters. If, for example,
the Supreme Court rules that a particular law passed by Congress violates the Constitution,
the Congress cannot pass another bill stating that the Supreme Court’s decision is wrong and
that the law is constitutional. Once the Supreme Court declares a law unconstitutional, there
are only two ways to change that decision: by amending the Constitution (a long and difficult
process that has been successful only twenty-seven times since the Constitution was written in
1787) or by a later decision of the Supreme Court declaring the law constitutional (in other
words, by the Supreme Court reversing its earlier decision). Sometimes Congress can rewrite
the law and remove the unconstitutional provisions.
Congress has the power to determine the number of judges on the Supreme Court, but
since 1869 the number has remained steady at nine. To become a Supreme Court justice, the
person must be appointed by the president, with the advice and consent of the Senate. The
Constitution provides that all federal judges “shall hold their Offices during good Behaviour.”
Once confirmed, a justice can be removed only by impeachment for and conviction of treason,
bribery, and other serious crimes.
THE MILITARY JUSTICE SYSTEM
The federal judicial system also includes a special system to deal with military offenses
committed by servicemen and servicewomen. These offenses are spelled out in the Uniform
Code of Military Justice. Many of the offenses involve acts that are detrimental to the military,
such as falling asleep or being drunk during guard duty, refusing to obey orders, assaulting
a superior officer, desertion, and “acts against good order and discipline.” Offenses that are
crimes under state law (robbery, murder, rape, and assault and battery, for example) usually can
be tried in civilian courts as well.
When a person in the military is charged with an offense under the Uniform Code of Military
Justice, a court-martial is ordered by the commanding officer. (Unlike a civilian court, a
court-martial is temporary and lasts only as long as it takes to dispose of the case; the courtmartial
is then dissolved.) The accused is offered a military lawyer to defend him or her, but
can choose instead to hire a civilian lawyer at his or her own expense. The jury in a courtmartial
is composed of military officers; if the accused is an enlisted man or woman, he or she
has the right to ask for enlisted persons on the jury.
If the service member is convicted, he or she can appeal the decision of the court-martial.
The first appeal is to the service member’s commanding officer. If that fails, the next appeal is
to the Military Court of Criminal Appeals or to the judge advocate general. After that, the
service member can appeal the case to the United States Court for the Armed Forces. For
608 Everybody’s Guide to the Law