Abstract
This paper examines the ability of reserve and active duty military officers to serve in certain political offices, such as Congress and the Electoral College. The seminal case on this issue, U.S. v. Lane, dealt with a U.S. senator who served as a reserve military judge. In deciding the case, the Court of Appeals for the Armed Forces only stated that a member of Congress may not also serve as a judge, but did not reach the ultimate issue of concurrent military service. This paper will attempt to show in exactly which political offices military officers may serve. In making its determinations, this paper examines the Constitution, case law, statutes, legislative history, and federal regulations.
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