The article argues that recent executive overreach and politicization have severely undermined established norms of U.S. civil-military relations. To restore professional standards, the incoming Congress must actively exercise its oversight powers, moving beyond mere criticism to demanding transparency in defense policy and personnel decisions. Key reforms include enforcing meritocratic promotion processes, requiring documented justification for senior officer removals, and preventing the partisan use of the military. These actions are crucial for bolstering public trust and ensuring the military remains a nonpartisan instrument of civilian control.
Jury Independence and Juror Oaths
English Summary
The article argues that the constitutional right to jury independence—the power to acquit based on concerns of justice—is compatible with existing juror oaths and judicial instructions. Analyzing 52 jurisdictions, the authors found that the majority of current oaths do not strictly bind jurors to follow the judge's legal instructions, thereby preserving the jury's role in determining the law and facts. This suggests that while judges may attempt to constrain the jury, the constitutional framework and the general language of oaths allow jurors to exercise their historical function of checking oppression. Policymakers should recognize that current legal procedures generally support the jury's ability to act independently in the name of justice.
中文摘要
本文論述憲法保障的陪審團獨立性權利——即基於正義考量作出無罪判決的能力——與現行的陪審員宣誓和法官指示是相容的。作者分析了52個司法管轄區的案例，發現大多數現行宣誓並未嚴格約束陪審員必須遵循法官的法律指示，從而保留了陪審團在決定法律和事實方面的核心作用。這表明，儘管法官可能會試圖限制陪審團的權力，但憲法框架和宣誓的普遍措辭仍允許陪審員行使其歷史職能，即制衡權力濫用。政策制定者應認識到，現行的法律程序普遍支持陪審團以正義之名獨立行事的權能。
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