ABSTRACT
The Warren Burger Court extended over four presidencies beginning with Richard Nixon, and followed by Gerald Ford, James Carter, and Ronald Reagan. However, this chapter covers the military policies of the first three presidents. Also, for the first time since the Civil War, the federal judiciary was truly confronted with the relationship between the First Amendment and the military. The Vietnam Conflict and its attendant social upheaval changed the judiciary's role in not only military affairs, but also the military's relationship to the nation. The antithesis of William O. Douglas, Powell liked his military service and he was not opposed to secrecy, intelligence, or advocating for a disciplined military. In 1967, mandatory retirement laws were put into effect and a new generation of military leadership took command. In 1971, the Court issued Relford v. Commandant, a decision that the justices believed would bring greater clarity to O'Callahan.
