UCMJ vs US Constitution?

Question

As a former member of the military and a present DOD contractor I am constantly hearing that the UCMJ not the US constitution is the ultimate authority for service members. I understand that the UCMJ is the law by which the military governs its members but doesnt the UCMJ still have to adhere to constitutional principles? Shouldnt the UCMJ be held to the same constitutional scrutiny that state laws do under article III? What is the precedent by which the military can be denied the constitutional principles that they are defending? Is it actually possible to essentially sign away your constitutional rights? Any help would be appreciated...

Hold on now, doesnt Article 88 of the UCMJ explicitly forbid contemptuous speech against a president? an obvious restriction on freedom of speech contrary to the 1st amendment. I know that Parker v Levy 417 U.S. 733, 94 S. Ct. 2547, 41 L. Ed. 2d 439 (1974). Upheld constitutioanlity of Articles 133 and 134 as it pertained to similar instances of 1st amendment restrictions but they where nowhere near as explicit as Article 88. I only ask this question because AFN is airing commercials now pertaining to Article 88 ( I assume because of criticism of the war)

Answer 1

Whoever told you this was wrong. The UCMJ is part of Federal Law - passed by Congress in accordance with the US Constitution.

In fact that have been several Supreme Court cases which challenged whether various aspects of the UCMJ were allowed per the US Constitution.

Answer 2

You should recall that when you joined the military, you agreed to abide by the UCMJ.

UCMJ does adhere to the Constitution. Where and how do you think that the UCMJ does not?

The UCMJ was enacted by Congress in 1950. Completely legal.

Answer 3

I don't know who told you that the UCMJ is above the US Constitution, but they're are wrong. So wrong.

Answer 4

You are rambling...please cite examples...UCMJ is for Non-Judicial Punishment...you know things that do not require a Court Marshall...UCMJ is to promote good order and discipline in the military...just like laws are made to do the same in civilian life...please give an example for it to be a legit question...if a person joins the military they a susceptible to the military rules...like a NCO can restrict the activity of a PVT to train that PVT to standard....like once with on of my soldiers I did not allow them to buy an expensive car they would have made enough to make the payment, but it left him with like $200 left for the month...he was upset in the beginning but I saved his a$$ in the end....