Page "Courts-martial in the United States" Paragraph 6

While the 1765 British Articles of War were the template for the American military justice system, the Founding Fathers decided to break away from the British system in significant ways.

First, the American Articles of War were created by a legislative enactment and not by an executive order.

In the American system, the legislature undertook the government of the armed forces from the beginning-military justice was not going to be left to the executive.

Second, Congress demonstrated its flexibility and willingness to change the Articles as necessary.

The top military lawyer, Colonel William Tudor, informed Congress that the Articles were in need of revision.

Congress would go on to revise the Articles several times to reflect the realities of a small military force.

Nonetheless, the commander retained his role in the administration of justice.