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Show LIFETIMES Oct. 11, 1991 M H.lltop Times 19 7 M Military law fairer than civilian, says Burger by TSgt. David P. Masko Air f Force News Service 4 Warren Burger is a very busy man. He's a retired lawyer and former chief justice of the United States, although he says that still means making legal suggestions now and then. Right now, r he's just getting over a stint as chairman of the commission on. the Bicentennial of the Constitution. One phase in the celebration of the Bicentennial, corresponding to the five-yeperiod from 1987 is the of the Judiciary establishment 1991, through and the Uniform Code of Military Justice. discussion on the imporBurger, in a round-tabl- e tance of the Constitution, said although Article III established the judicial branch of the federal government, it gave little guidance for military justice. . five-yea- it ? ,,. V--- Constitutionally sound ar f Vor Articles off used British system "In 1775 the Continental Congress enacted the Articles of War," Burger said. "This was a set of rules for the Army and Navy and based on the British systems." He said the Army's first Articles of War were the work of a five-macommittee, which included Gen. George Washington. The law later provided two guiding principles: First, that this nation is one of laws and not of men, and second, that civilian control of the military rests both with the president, as commander in chief, and with a Congress empowered to make laws governing land and naval forces. Burger said these rights contained in the Uniform Code of Military Justice are derived from the Constitution and especially the Bill of Rights. n Servicemembers ensured rights Under the American system of government, each member of the armed forces is ensured the following rights: Right to privacy. Right against Right to military or civilian counsel. Right to Article 32 investigation if charged offense. with a general court-martiRight to review all papers, evidence and statements held by the prosecution pertinent to the case. Right to a speedy and public trial. Right to not be tried twice for the same offense. Right to trial by military judge or with court self-mcrirninati- al members. Right to appeal with counsel. "I'll tell you right now, if I was a military person, I'd know these basic rights," he said. "Something like this is as important as knowing your job or even how your bank account works.-.it'something you in should know and be interested learning about." In fact, he said, whether military people know it or not, their system is a lot fairer than the laws that govern civilians. Its systems of appeals and so forth, make it a much better system. The former chief justice believes there is a fundamental problem of complacency in the United s i i ftlfo ItiW ttfHFAft rtelttrftort ft! Pffii I c Y Warren Burger, former chief justice of the Supreme Court, reads from the mini Constitution of the United States, which he and his committee prepared for the Bicentennial of the Constitution. W ... Ss V 1 . U.S. Air Force Photo stitution. He calls it a 'cancer" that is eroding society. Few understand Constitution "Few Americans have more than a slight understanding of the Constitution, the Bill of Rights and the later amendments, all of which we rightly revere," he said. r celebration to mark the 200th anThe of niversary the writing, ratification and implementation of the basic documents of the American government were, hopefully, aimed at improving public knowledge. But the Bicentennial commission found this not to be the case. "We did some surveys, and it was appalling what we found out," Burger said. "Students did not know what the Constitution was about, and we found that when we did a survey on the teachers that they were the same. "We were staggered by that. A whole generation of teachers had come into the schools under this theory of teaching social studies, rather than history. They didn't exclude history, but they did five-yea- it." After five long years, and what he calls "little time for fishing," Burger is about to "really" retire, he says. How successful was the government's dollar Bicentennial of the Constitution awareness program in getting the word out? Burger will not speculate, but his expressions clearly show that he is not happy with this country's lack of love or understanding for American history. With more than two decades of experience in private law practice in Minnesota and two years in the Justice Department, Burger was nominated by former President Eisenhower in 1955 for a seat on the U.S. Court of Appeals for the District of Columbia Circuit. There he became known as a hardwork- multi-millio- n mfiTftiwiiiiiiitiititiinniiiiHa An ambitious man who was said to have possessed a particularly intense desire to sit on the Supreme Court, Burger ultimately served as chief justice for 17 years. Only three other chief justices served longer. Even today, Burger is a distinguished-looking- , sometimes charming gentleman. His is a marked voice and an rich baritone by presence head of white hair. impressive Burger's strong opinions and philosophy on the separation of powers in government have been significant in upholding the guidelines set forth in the ld Constitution. Although some in federal government look for "a convenient shortcut," the framers of the Constitution never intended or foresaw this shortcut. "There must be support for the Constitution," wrote Burger, "for the proposition that the cumbersomeness and delays often encountered in complying with explicit constitutional standards may not be avoided." The issue of burning the flag has been receiving far too much public attention, according to Burger's opinion. He said he doesn't even like to talk about such a thing as burning a flag, because it raises his blood pressure. Anyone who knows the "spirit" of the Constitution, and not just the "letter" of it, knows that burning the American flag is explicitly against what Benjamin Franklin and others recognized as what must endure, Burger said. "Although it had flaws and is still not perfect, our Constitution has allowed a system of government to flourish with freedom and opportunity unequaled anywhere in the world before or since," he said. "For being an American and enjoying the fruits of our Constitution the liberty and opportunity that our system of makes possible is a is a lifelong adventure. It privilege to be an American, and a privilege that carries responsibilities we must all fulfill." self-governme- nt |
