Executive Order 13740 Constitutional Fidelity (+0.23)

Executive Order 13740—2016 Amendments to the Manual for Courts Martial, United States

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Friday, September 16, 2016

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1 min read (227 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Barack Obama on 2016-09-16, establishes federal administrative policy concerning "2016 Amendments to the Manual for Courts Martial, United States." It is a direct, concise executive instruction delivering focused administrative or military commands to department leadership.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ Part I, Part II, and Part IV of the Manual for Courts-Martial, United States, are amended as described in the Annex attached and made a part of this order.

▪ These amendments shall take effect as of the date of this order, subject to the following: (a) Nothing in these amendments shall be construed to make punishable any act done or omitted prior to the effective date of this order that was not punishable when done or omitted.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments

Total Words

227

1,367 characters

Estimated Read Time

1 min

@ 200 words / min

Flesch-Kincaid

18.5

Post-Grad reading level

Constitutional Polarity

+0.23

Framers' Alignment index

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Scholarly & Legal Citations

Exec. Order No. 13740, Barack Obama (Sep 16, 2016). Available at https://executiveordersarchive.org/orders/app-executive-order-13740-2016-amendments-the-manual-for-courts-martial-united-states.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →

By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473 of April 13, 1984, as amended, it is hereby ordered as follows: Section 1 . Part I, Part II, and Part IV of the Manual for Courts-Martial, United States, are amended as described in the Annex attached and made a part of this order. Sec. 2 . These amendments shall take effect as of the date of this order, subject to the following: (a) Nothing in these amendments shall be construed to make punishable any act done or omitted prior to the effective date of this order that was not punishable when done or omitted. (b) Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceedings, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to the effective date of this order, and any such nonjudicial punishment, restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed. BARACK OBAMA The White House, September 16, 2016.