How the US Constitution relates to being an Army Officer

The U . S . Constitution and the Army Officer

There are several instances where the United States Constitution directly affects an officer in the United States Army . The first situation has to do with the very existence of the army itself . It was actually the constitution of the land that gave the army its reason for being . The U . S . Congress created the army by virtue of the powers granted by Section 8 , Article I of the United States Constitution . Among others , Congress was empowered 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 State (Powers

Simply put , it was the constitution , through Congress , which made it possible for an American to become a soldier and guarantee his /her salaries and compensations . However , the power to declare war and send him /her to his death rests on the constitution and Congress as well

Another instance where the Constitution becomes relevant to an army officer concerns the matter of military justice . The laws governing the U . S . military justice system were primarily derived from the United States Constitution . The other sources are the international law and treaties , executive s , and other laws relevant to the military establishment . The Uniform Code of Military Justice (UCMJ ' which was passed by the U . S . Congress pursuant to its authority under the constitution , and the decisions of the military courts also form part of the laws governing the military justice system (Powers

The justice system for the United States military was specifically provided for under the constitution . The Fifth Amendment expressly stated that "no person shall be held to answer for a capital , or otherwise infamous crime , unless on a presentment or indictment of a Grand Jury , except in cases arising in the land or naval forces , or in the Militia , when in actual service in time of War or public danger This provision effectively enabled the creation of a separate system of judicial process for members of the U . S . military forces . Hence the decision of a citizen of the country to voluntarily enlist in the United States Armed Forces carries with it his /her personal choice to be subjected to this distinctive justice system which was created specifically for the United States Military . While this military justice system is analogous to the American justice system in some respects , it could be drastically different in other areas . For instance , an act which does not constitute a crime under the civilian judicial system of the country (like arriving late for one 's work ) may be considered criminal under the military justice system depending upon the circumstances involved . Secondly , while the underlying purpose of...