John Hessin Clarke

“ The various boards provided for each certainly had jurisdiction over the person of the relator as an army officer and over the subject of inquiry, under the terms of the act of Congress, and also because the right dealt with was distinctly military in its nature, affecting the status in the army of a soldier, and it is entirely clear that the boards which acted on his case did not exceed the powers conferred upon them. ”

“ Thus is presented for decision the question whether the due process clause of the Fifth Amendment required that the relator should be given an opportunity to be heard before the finding was made by the board which required his discharge from the army.
The power given to Congress by the Constitution to raise and equip armies and to make regulations for the government of the land and naval forces of the country (article 1, § 8) is as plenary and specific as that given for the organization and conduct of civil affairs ”

“ Without pursuing the subject further, it is sufficient to repeat what was said by this court in Reaves v. Ainsworth, 219 U.S. 296, 304, 31 Sup. Ct. 230, 233 (55 L. Ed. 225) :
'To those in the military or naval service of the United States the military law is due process. ”