One of the sources of the Court's inability to conduct proper constitutional analysis in military cases is its lack of access to complete and unbiased information upon which to base that analysis. In Part III, I will make an effort to suggest methods for addressing this problem alternative to simply letting the military use its special knowledge as a source of power over the Court. Part IV will demonstrate a modern example of where the problem of excessive deference can lead, and present the Court with a suggestion to use this as a context for change. Finally, the Article will conclude by summarizing the need for change and urging the Court to reconsider its policy of deference.
Oregon Law Review
Kalyani Robbins, Framers' Intent and Military Power: Has Supreme Court Deference to the Military Gone Too Far?, 78 Oregon Law Review 767 (1999).