guidance and resolution. Jurisdiction is defined in the
judicial sense as the power of a court, military or civilian, to
consider a controversy and render a valid judgment. To have
such power, a court must have jurisdiction over several areas.
The sources of jurisdiction are:
(1) The Constitution. The power of a court-martial to
try service persons is contained in Article I, Section 8 of the
Constitution, which gives Congress authority to make rules and
regulations for the Armed Forces. Article II of the
Constitution makes the President of the United States the
Commander in Chief of the Armed Forces. The Congress has
exercised its rule-making power by enacting the UCMJ: Title 10,
U.S. Code, Sections 801-940. The President has exercised his
constitutional power by issuing the Manual for Courts-Martial
(MCM). Both the UCMJ and the MCM discuss and define courts-
martial jurisdiction.
(2) Federal Statutes. The federal statutes of the
United States, as well as the Constitution, are sources of
jurisdiction. Article III of the Constitution established the
United States Supreme Court and also authorized the Congress, by
federal statutes, to establish the lower courts. Magistrate and
district courts are established under federal statutes. Military
law-enforcement officials will often come into contact with
civilian violators of federal law.
(3) Jurisdiction Over the Person. To try a person, a
court must have authority "over his person." Courts-martial
normally have no authority or power over civilians. Thus a
court martial could not try a civilian, even though his or her
conduct might have been criminal and directly detrimental to the
military.
(4) Jurisdiction Over the Offense. To try a person for
an offense, a court must have jurisdiction over the offense.
All courts are limited in the classes of offenses that they may
hear and decide. For example, a federal or state civilian court
has no authority to try a military person for unauthorized
absence from his or her unit. That offense, punishable under
Article 86 of the UCMJ, can only be adjudicated by the military.
(5) Jurisdiction Over the Location or Place. The
jurisdiction of the courts is also limited by the location or
place of the offense. For example, the courts of New York State
have no jurisdiction to consider cases involving criminal
conduct in the state of Florida. Similarly, the United States
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