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Paper Topic:

Constitution

The Army Officer and the Constitution

The U .S . Constitution not only directly affects the officers and men of the U .S . Army - they owe their very existence to it . This is because the constitution of the land was what actually gave the army its reason for being . The creation of the army and the entire armed forces was a Congressional action pursuant to the powers granted by Section 8 Article I of the United States Constitution which empowered Congress to declare war , grant letters of marque and reprisal , and make rules concerning

captures on land and water raise and support armies provide and maintain a navy make rules for the government and regulation of the land and naval forces provide for calling forth the militia [and] provide for organizing , arming , and disciplining the militia and for governing such part of them as may be employed in the service of the United States (Powers

This is the most significant and primary link that bonds the Army with the Constitution : the very circumstance of its birth . In other words , if not for this enabling provision of Section 8 , Article I of the constitution , no American could hope to realize his or her dream of becoming a soldier to serve the country in times of war and peace . In the same way , the poor who could not afford to complete a college education which is a requisite for good-paying jobs would not have been afforded with a viable alternative to earn a fair enough salary needed for a decent life . Obviously , therefore , if the U .S . Constitution through the legislative functions of the U .S . Congress , has given birth to the Army and provided army officers and enlisted personnel with their main source of livelihood , it likewise possesses the power to send them to their death in times of war and other national emergencies

However , the most visible link of army officers and enlisted personnel with the constitution could be seen in the chain of command of the U .S Armed Forces where the highest position is occupied by the President of the United States . The U . S . Constitution vested upon the President of the United States the authority to act as the Commander-in-Chief of all the armed services of the country (the Army , the Navy , and the Air Force , including the militias when called to serve certain functions Included among the powers of the Commander-in-Chief is the authority to appoint the officers of the different services of the United States Armed Forces subject to the confirmation of the Senate of the United States (Powers ) Acting under this authority , the President commissions all the officers of the armed forces . In addition , the President , as Commander-in-Chief , is also authorized to promulgate Executive s and service regulations to govern the Armed Forces as long as they do not conflict with any basic constitutional or statutory provisions The President , therefore , leads , commands , and governs the Armed Forces of the country . As a direct result of...

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