Golsteyn’s case highlights the tension between the Commander-in-Chief Clause and the Take Care Clause.
Major (Promotable) Dan Maurer is an active duty Army Judge Advocate and former combat engineer officer, having served as a platoon leader in an infantry task force during the first year of Operation Iraqi Freedom. Among other leadership assignments and combat deployments, his service has included stints as a prosecutor, appellate counsel, and an Army installation’s chief of military justice. He has published on military criminal law matters and on civil-military relations theory. He is a Non-Resident Fellow at the Modern War Institute at West Point. This work is based on independent research and analysis, and does not reflect the official positions or policies of the Department of the Army, the Judge Advocate General’s Corps or the the United States Military Academy at West Point.
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Arguments and implications that the parties—and the court—missed in Ortiz v. United States.
Like many a new president before him, President Trump is opening his administration with bold—and sometimes contradictory—actions that have many wondering what to make of his relationships with his most senior admirals and generals.