How the US Constitution Relates to Being an Army Officer - Essay Example

Relationship of Army Officer and US Constitution Ratification of United s Constitution in the year 1778established many relationships in military and civil society. The constitution codified these associations in law. For instance, in article 2 section 2 of United States Constitution gives powers to the president as the Commander-in-Chief of Armed Forces. Similarly, the Congress is responsible for declaration of war and therefore provides the necessary instruments for the Army and Navy. Article 1 section 8 stipulates clearly this role (Legal Information Institute 1). This therefore implies that United State Army serves under dual chain of command. These chains of command encompass the executive and legislative branches of government. Thus, from the founding of United State subordination of army officers to civil authority has been a crucial principle to the nation’s constitutional system. Military profession has recognized and embraced a tradition of service to the nation before self-interests. Constitution acknowledges military role of protecting freedom and important national interests. It also balances the duty of military with constitutional democracy where people get chances to maintain ultimate authority over the military through their elected leaders. There are several sections of United States’ Constitution affecting a military officer. The constitution is the foundation of army in United States. In Article 1 Section 8 clause 11 through 16 gives the Congress the powers regarding the Army. For instance, clause 12 dictates that the Congress has the mandate to form and assist army. Clause 13 authorizes Congress to provide all the assistance, which Navy requires. Similarly, clause 14, 15, and 16 empowers the Congress to call and discipline military, to suppress invasions, and to regulate the activities of United States military. This therefore implies that the constitution of United States demands military officers are answerable to the Congress. Congress can declare war, award letters of marque and retaliation, enacts rules that to direct capturing on land and water. In addition, the Congress can send any military officers to areas, which it feels United States should display its military mighty. Although the army has its autonomy, the Congress prescribes their cause of actions (Legal Information Institute 1). The US Constitution requires that people who enlist or re-enlist in Armed Forces of United States to pledge enlistment oath. Any commissioned officer can administer the oath of enlistment for a given term of service in any branch of the military. Army officers swear, before the United State flag, that they will support and defend the Constitution of United States against domestic and foreign enemies. The army officers also assure the nation that they will be faithful and obedient to the orders from the president of United States. This oath of enlistment binds military officers to respect the spirit of United States Constitution. Loyalty to the Constitution in the part of army officers implies that they are ready to uphold ideals of their unit (Legal Information Institute 1). Therefore, the army officers dedicate and commit themselves to serve and protect the country faithfully. The foundation of laws of military justice has its basis on the United States Constitution. Article 1 section 8 gives Congress powers to regulate military operations. These powers enabled the Congress to enact substantive and procedures laws that direct the Uniform Code of Military Justice (UCMJ). Military law came into existence in the year 1950. Enactors of this law borrowed a lot for United State Constitution in order to make the existing law into a comprehensive code. Uniform Code of Military Justice underwent revision in the year 1968. The law established military courts. The Uniform Code of Military Justice allows the Army Criminal Investigation Command to investigate misconducts of military personnel. Misconduct on the part military officers ranges from rape, drugs, and indecent assault to larceny. Similarly, the justice system of United States military Fifth Amendment of Constitution affirmed military officers should not get capital punishment for infamous crime unless on a presentment or indictment of a Grand Jury. The Constitution sets procedures to deal with military members who demonstrate unlawful behavior such as not abiding to laws governing army. Punishment of unruly conduct in the armed force enables the military to serve society effectively through delivering crucial and specialized service (Stephens and Scheb 212). Article 2 Section 2 of the United States Constitution states explicitly that the president is the commander of Navy and Army. The same article empowers the president of United States to seek opinion, though a written communication, from executive officers heading department on matters relating to their offices. This encompasses all officers including the military ones. In addition, article 2 gives the president powers to release offenders from prisons (Legal Information Institute 1). This implies that United States Constitution limits army officers from performing some duties, which are a preserve for the president. Therefore, Constitution sets boundaries within which military officers can exercise their powers. This is in realization that lack of control of military activities can lead to seize of the government. This has adverse effects on democracy, which the United States Constitution acknowledges. United States Constitution demands that army should train constantly and meticulously a strong base of officers to win wars to support and defend it. The huge priority of the spirit of Constitution entails development of skills to use them in domestic and foreign matters involving military. Therefore, the Constitution demands that military officers should maintain high standards of ethics and performance when executing their duties. In addition, the Constitution stipulates that army officers should strengthen their strong relationship with American people. According to the Constitution, the army officers should exercise well-defined candor and subordination in the course of their service (Stephens and Scheb 212). This fulfills the army mission, which has its basis on the United States Constitution. United States Constitution gives equal chances to all citizens who have great interest in joining the army. It encourages all citizens to participate in the military force in order to defend the nation and its liberty. Moreover, the Constitution grants all citizens of United States freedom to give their best in development and protection of US through joining army. The spirit of United States Constitution demands that recruits should get necessary training from the Army. This is aims to equip military officers to respond rapidly to serve the nation in cases of emergences. In turn, the Constitution sets benefits and salary packages for the army officers. After joining the army, the letter of United States Constitution requires that the military officers should dedicate all their time and skills in service of the nation. In addition, the military officers should be flexible to support army when the nation requires their attention (Stephens and Scheb 212). This is the only way in which the people of United States can put their national values for the world to acknowledge their military mighty. Work Cited Legal Information Institute. US Constitution. Web. 07 June 2012< http://www.law.cornell.edu/constitution/articleii. Stephens, Otis and Scheb, John. American Constitutional Law: Sources of Power and Restraint. New York: Cengage Learning, 2011. Print. Read More