Military Restrictions on Individual Rights

Abstract

The United States military imposes restrictions on individual rights virtually nonexistent in the rest of American society. The theoretical perspectives of Huntington and Janowitz provide fruitful ground for understanding the basis of authority for the military to enforce these controls. Each perspective examines the relationship between civilian control over the military and the impact on military effectiveness. These opposing viewpoints offer an analytical framework to evaluate restrictions on service members’ freedom of speech and freedom of religion. This analysis will demonstrate the tendency for the military to adhere to more of the Janowitzian principles since the end of the Cold War by integrating features of civil society. This transition away from the Huntington-dominated military institution is due to an increasingly complex and dangerous international environment and the end of conscription. However, the military is still a distinct society from the larger community. Therefore, the military should adopt more inclusive measures but only to the extent that they do not negatively impact military effectiveness. Finally, when service members undergo an indoctrination period, known as initial entry training, their understanding of rights begins to transition from the American civilian conception to the military conception. As a result, service members tend to be more accepting of rights restrictions because of a belief in the common good and the sense of a higher purpose.