Can a marine officer be nominated for a presidential election and still keep his commision?

Answer 1

He can be nominated, but he cant hold any kind of office. This is against the XIV Amendment.

Answer 2

There is no legal prohibition on being NOMINATED. The officer can't control that.

If he campaigns in any way, he runs afoul of rules proscribing political activity and faces administrative or punitive action. This would certainly put his commission in jeopardy, based on the action taken (even a reprimand in his file could kill his promotion chances and he'd likely end up being discharged after two nonselections).

If he is actually elected, then we're in a different place altogether: Accepting a civil office or discharging its functions can result in an officer's commission being vacated. This isn't a discharge, this is just a legal determination that due to an incompatible status, the individual is no longer an officer. No discharge certificate. Poof, gone.

Of course, if you're the prospective commander in chief I daresay the Commandant of the Corps would expedite a resignation.

BTW, Eisenhower was still on the active list of Army officers (as a result of his 5-star grade) when he was nominated. He immediately resigned his commission by telegram to President Truman. Note, he didn't retire...he resigned.

After he left office, he was re-commissioned as a 5-star on the active list. (Five star officers were not retired when they wanted to leave, they were kept on active duty with pay but allowed to go do whatever they wanted).

Answer 3

No, someone who is currently serving in the military is not allowed to run for an elected civilian position.

Answer 4

No, this is one of the checks and balances used to keep the military from taking over control, and turning us into a military dictatorship.

Answer 5

Nope