The limitations of service members' constitutional rights

Abstract

This thesis reviews the constitutional rights of service members and how they are limited by the military. These affected rights include the First Amendment's rights to free speech, religious exercise and the ability to petition the government for redress of grievances; the Fifth Amendment's due process clause; and the Sixth Amendment's right to a jury of one's peers. The discussion section of this thesis argues two justifications used by the military for limiting service members' rights. The first justification is in support of good order, discipline and morale. The second justification is in support of uniformity. The latter discussion also identifies the U.S. Supreme Court's treatment of the military as a separate community and how the military is guided by a different standard. To support the separate community justification the U.S. Supreme Court has deferred most of its rulings on the rights of service members back to military leaders. At the conclusion of the discussion section an application of previous U.S. Supreme Court cases and military court cases is used to anticipate the future of the military's body art policy.