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Hi, need to submit a 1000 words essay on the topic How does the US Constitution relate to the US Army Officer Corps.Download file to see previous pages The US Constitution is the supreme law of the co
Hi, need to submit a 1000 words essay on the topic How does the US Constitution relate to the US Army Officer Corps.
Download file to see previous pagesThe US Constitution is the supreme law of the country, providing framework for organizing its government.Other than defining the organization of these arms, the constitution clearly outlines the powers exercisable by each branch of government. The Constitution also reserves some rights for each individual state and therefore establishes the US federal system of government.It defines three the three major government arms namely the executive under the leadership of the President, the judiciary headed by the Supreme Court and the legislature consisting of a bicameral Congress. The US Constitution was enacted in 1787 through a convention in Philadelphia, Pennsylvania, but later underwent ratifications in every state, and further underwent amendment twenty times.The US Army is a military, whose primary misson is providing the required forces and capabilities to boost national security and defense strategies. The Army is the largest and oldest branch of the armed forces and among the seven uniformed operations. The modern Army traces its roots back to the Continental Army formed in 1775 to help in meeting the demands of the American Revolutionary War, before the United States was established. Most US Army units can be divided into various components including the following units: the Corps, Division, and Brigade, regiment, Battalion, Company, Platoon, Squad, Section, squad and team. The Corps is a large administrative and administrative grouping of troops within the armed forces having a common function like Artillery or Signals.
The relationship
Various views with regard to the source of war power were expressed in the early years of the US constitution making and continue to seek supremacy even now. A theory was to the effect that war power comprises the particular powers granted by Article 1, Section 8. Later in 1795, the theory's argument was advanced further that the National government's war power is attributed to sovereignty and hence independent of the confirmatory grants of the written constitution. Later, Chief Justice Marshall took a different view that the authority to wage war is implied from that to declare it (Kohn et al, 1988).
According to the US Constitution, the President is the Commander-in-chief of the military although Congress is the one empowered to declare war by Article One, Section Eight, and not the President. However, Congress has always authorized Presidents to deploy troops in the event that a war has not been declared explicitly. Since the Second World War, major military actions have mainly been US military operations or UN police actions that are considered justifiable legally due to decisions like Authorisation for Use of Force, the Gulf of Tonkin Resolution and numerous other UN Resolutions. This was also the case for the Korean War that was only considered a war by an Act of Congress. The
The US Constitution does not apply to the military personnel exactly the same way it does to civilians. Even though the military is not excluded from the rights contained in the Bill of rights of the constitution, Article One, Section Eight grants Congress authority to make government rules as well as regulate the land and naval forces.
Practically, most of the constitutional rights of the civilians are also accorded to the military, even though some differences are introduced to suit the situation in the military. With regard to right of warning and right of counsel the military has broader protection than those in the constitution. Military appellate courts are used for interpreting military law and ensure it is consistent with the constitution as much as possible (Kohn et al, 1988).
The Second Amendment of the US Constitution created a well regulated militia in order to boost security of the Free State as well as the right for people to bear and keep arms.