Excerpt(s) from the third edition (1914)

---   p. 81   ---


Articles of War applicable regardless theatre operations

The Constitution empowers Congress to make rules for the government and regulation of the land and naval forces. Congress, in giving effect to this constitutional provision by the enactment of certain rules and articles, has in no manner made their applicability depend upon the locality or theatre of operations. In truth, certain of the articles of war in express terms provide for contingencies happening in "foreign parts." Hence it is not questioned that whether the armies be within the territorial limits of the Union, or pursuing schemes of conquest abroad, they are governed by the rules and articles of war.




Also see --
Military Jurisdiction under the US Constitution




REFERENCE
Military Government and Martial Law

by William E. Birkhimer
Kansas City, Missouri, Franklin Hudson Publishing Co.
third edition, revised (1914)

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