- the President has broad power under Article 36(a), UCMJ, to issue pretrial, trial, and post-trial procedures in the MCM; despite the breadth of this authority, an appellate court is not bound by the President's interpretation of the elements of substantive offenses; even so, the court must recognize the President's unique role regarding Article 134 when he provides enumerated elements to limit the scope of the General Article, and absent a contrary intention in the Constitution or a statute, the court should adhere to the Manual's elements of proof
- while appellate courts are not bound by the President's interpretation of the elements of substantive offenses, both his interpretation and listing of offenses under Article 134, UCMJ, is persuasive authority to the courts
- when the President's narrowing construction of a statute does not contradict the express language of a statute, it is entitled to some deference, and an appellate court will not normally disturb that construction
CAAF Opinion Digest · V.F.5 · Statutes, Treaties, Regulations, Executive Orders, Directives, etc.
Executive Orders
4 digested opinions, 2000–2023 Terms
2023 (October Term)
- an appellate court is not bound by the President's interpretation of the elements of substantive offenses; nonetheless, when the President's narrowing construction of a statute does not contradict the express language of a statute, it is entitled to some deference, and the court will not normally disturb that construction
2020 (October Term)
- Presidential Executive Order No. 13,825, 83 Fed. Reg. 9889 (March 1, 2018) was a valid exercise of the President’s rulemaking authority
2000
- Executive Order promulgating changes to the Manual for Courts-Martial did not change effective date of amendment to Article 95, UCMJ, as the legislation had been previously changed and the conduct proscribed made punishable when enacted, and Executive Order did not provide any additional safeguards to servicemembers with regard to the amendment
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page VF5 · Always confirm a holding against the opinion itself (linked from each case name).