John Marshall Harlan II

“ Even if the practice of early American courts-martial had been otherwise, this would hardly lead to the conclusion that Congress lacked power to authorize military trials under the present circumstances. It cannot be seriously argued as a general matter that the constitutional limits of congressional power are coterminous with the extent of its exercise in the late 18th and early 19th centuries. [6] And however restrictively the power to define court-martial jurisdiction may be construed, it would be patently wrong so to limit that power. ”

“ Even if he is released on bail or recognizance, or ultimately placed on probation, the civil authorities may require him to remain within the jurisdiction, thus making him unavailable for transfer with the rest of his unit or as the service otherwise requires. ”

“ Singleton, 361 U.S. 234, 80 S.Ct. 297, 4 L.Ed.2d 268 (1960) , again looking to the constitutional language, the Court noted that 'military jurisdiction has always been based on the 'status' of the accused, rather than on the nature of the offense,' id., at 243, 80 S.Ct. at 302, that is, whether the accused 'is a person who can be regarded as falling within the term 'land and naval Forces. ”