76 Miss. L.J. 135 (2006-2007)
America's Anti-Standing Army Tradition and the Separate Community Doctrine

handle is hein.journals/mislj76 and id is 145 raw text is: AMERICA'S ANTI-STANDING ARMY
Earl F. Martin*
A critical element in America's struggle to fashion a civil-
military relationship that serves both its democratic principles
and its security needs is the imperative of striking a proper
balance between the rights of individual service members and
the needs of the country's military establishment. On one
hand, we have individuals possessed of constitutionally pro-
tected rights, while on the other, we have an institution
tasked to defend the country's national security. As might be
expected, this has inevitably led to a clash between individual
rights versus military efficiency, and this clash has led to
litigation. The U.S. Supreme Court's response to this litigation
has been to deploy the separate community doctrine.
The separate community doctrine is the standard of re-
view that the Supreme Court employs when called upon to
settle disputes between military members and the armed forc-
es.1 The doctrine is most likely to be invoked when a conflict
revolves around a claim that the military has in one way or
another violated a service member's constitutional rights.
These cases generally pit a claim that these rights are being
violated against the claim that the armed forces need to pro-
ceed in a particular way in order to accomplish their mission.
* Dean and Professor of Law, Gonzaga University School of Law. B.A. &
J.D., University of Kentucky; LL.M., Yale Law School. The author would like to
thank Justin T. Cunningham for his valuable research assistance.
' Earl F. Martin, Separating United States Service Members from the Bill of
Rights, 54 SYRACUSE L. REV. 599, 601 (2004).


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