In this article, I argue that to combat the over-delegation of power to military tribunals, some limiting principles must exist to prevent prejudiced and unwarranted second-chance prosecutions. The United States’ criminal justice system purports to embrace sturdy protections against double jeopardy, meaning no person shall be tried twice for the same offense. Yet, this ideal is far from the reality. In a legal system governed by various, distinct sovereigns, prosecutors often have two, or more, opportunities to try a case. The United States Supreme Court reaffirmed this reality in Gamble v. United States,1 which left service members particularly vulnerable to successive prosecutions in military courts.

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