l of minor sons who are needed for
military service. Where the statute which required the consent of
parents for enlistment of a minor son did not permit such consent to be
qualified, their attempt to impose a condition that the son carry war
risk insurance for the benefit of his mother was not binding on the
Government.[1240] Since the possession of government insurance payable
to the person of his choice, is calculated to enhance the morale of the
serviceman, Congress may permit him to designate any beneficiary he
desires, irrespective of State law, and may exempt the proceeds from the
claims of creditors.[1241] To safeguard the health and welfare of the
armed forces, Congress may authorize the suppression of houses of ill
fame in the vicinity of the places where such forces are
stationed.[1242]
TRIAL AND PUNISHMENT OF OFFENSES
Under its power to make rules for the Government and regulation of the
land and naval forces, Congress may provide for the trial and punishment
of military and naval offenses in the manner practiced by civilized
nations. This authority is independent of the judicial power conferred
by article III.[1243] "Cases arising in the land and naval forces" are
expressly excepted from the provision of the Fifth Amendment requiring
presentment by a grand jury for capital or infamous and by implication
they are also excepted from Amendment VI,[1244] which relates to the
trial of criminal offenses. Also the Fifth Amendment's provision against
double-jeopardy apparently does not apply to military courts.[1245] A
statute which provided that offenses not specifically mentioned therein
should be punished "according to the laws and customs of such cases at
sea" was held sufficient to give a naval court-martial jurisdiction to
try a seaman of the United States Navy for the unspecified offense of
attempted desertion.[1246] In _habeas corpus_ proceedings a court can
consider only whether the military tribunal had jurisdiction to act in
the case under consideration.[1247] The acts of a court-martial, within
the scope of its jurisdiction and duty, cannot be controlled or reviewed
in the civil courts, by a writ of prohibition or otherwise.[1248]
War Legislation
THE REVOLUTIONARY WAR LEGISLATION
The American Revolution affords many precedents for extensive and
detailed regulation of the nation's economy in time of war. But since
the resolves of Congress under the Articles of Confederation were in
pract
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