The Constitution does apply to military members.
-In many places, you can not say whatever you want. I was a
teacher and I could not use profanity in the classroom. The
military is the same way, just more strict.
-You can not carry a firearm on to military bases, but you can't
in most places.
-Searches of personal space on military bases and ships is
allowed, as the person does not own those places, the
government does. The courts have granted schools the right
to search school lockers for the same reason.
-You do have a right to a speedy trial. There are grievance
procedures and any member of the military can request a
court martial.
2007-10-10 15:56:00
·
answer #1
·
answered by wichitaor1 7
·
5⤊
0⤋
The Constitution DOES apply to Military Members.
Amendment 1: We have freedom of speech, you just can not use your uniform and position in the Govt as an advantage to your cause. Military members are prohibited from participating in demonstrations when they are on duty, when they are in a foreign country, when they are in uniform, when their activities constitute a breach of law and order, or when violence is likely to result. Your actions may not be detrimental to good order, discipline, or mission accomplishment, that is incompatible with military service. Which makes sense. The 1st Amendment does not provide you the freedom to say whatever you want when and wherever you want. There are many places where people's speech is regulated. Children do not recite the Pledge of Allegiance in schools any longer. The 1st amendment does not protect the right of each and every person, it only provides protection of restrictions by Congress.
Amendment 2: The military is full of people who own personal guns, not sure where you are getting your information. Sure, you can not bring them on base, but you also can not take them on any federal property, school property, sporting events, any establishment that sells alcohol, and the list goes on. This in no way infringes on anyone's (civilian or military) right to own a gun.
Amendment 4: The Govt owns the property and they can inspect the facilities at any time during reasonable hours. Your landlord can also do this in an apartment you are renting as well, so that is an invalid point.
2007-10-10 18:33:27
·
answer #2
·
answered by erehwon 4
·
2⤊
0⤋
You do not have freedom of speech because of national security concerns and they do not want people to think that you speak for the US Government. Speaking out against the government is not necessarily forbidden, you just can't do it uniform or in any instance that would bring discredit to the military.
You may not be a member of a militia because you would then owe an allegiance to that organization whose very existence is to go against the government if they think it is out of control. Makes sense to me.
The government is the owner of all housing provided to military members and may be inspected on 'health and welfare' grounds at any time. Any vehicle is subject to search upon entering any military base for a variety of reasons and anyone objecting to the search can always turn around and go back the way they came. If you're a military member you should know your auto and property are subject to search at all times so you should be smart enough not have contraband in either home or auto.
You do have the right to a speedy trial. However, the procedures (gathering of witnesses and evidence) governing that trial may cause it to take longer than you'd like it to, but it will be held within a reasonable time frame.
2007-10-10 16:21:22
·
answer #3
·
answered by Chris L 3
·
2⤊
0⤋
The US Constitution has only negative rights in it. These apply to everyone in these United States. If the Constitution had positive rights those would only apply to US citizens.
2016-05-21 02:25:41
·
answer #4
·
answered by melanie 3
·
0⤊
0⤋
Because you were subject to the Uniformed Code of Military Justice. A set of regulations written by the Congress under its authority to regulate the land and naval forces, in compliance with Article One, Section Eight of the Constitution.
If it is any solace, one of the prime "movers and shakers" behind the addition of those first ten amendments to the Constitution was a military man. He was Colonel George Mason of the Virginia Militia.
2007-10-10 15:08:16
·
answer #5
·
answered by desertviking_00 7
·
3⤊
1⤋
I hear you.
One one hand, the Constitution limits the power of the government. On the other, a private employer can fire/fine/penalize you for anything within their contractual power.
Working for the military falls somewhere in between- the contractual powers of your boss with the guns of the government.
You actually do have Constitutional protections so always call your defense counsel when confronted. 'Leaders' often try to trick you into thinking you have no rights. They may not be interpreted exactly the same as for a civilian, but you do have them!
2007-10-10 15:14:34
·
answer #6
·
answered by scoot7 2
·
2⤊
1⤋
With all the additional laws being tacked on, the rights entitled to every American seem more like privileges. Seriously, what right to bear arms does a convicted criminal have? What right to the freedom of speech does a person being sued for defamation have?
Anyhow, soldiers are answerable to military law - this often clashes and contradicts the constitution. Soldiers are still given the freedom of speech, but freedom after speech depends on whether or not they've breeched military law. It's utter madness, I tell you!
2007-10-10 15:14:51
·
answer #7
·
answered by Gotta have more explosions! 7
·
0⤊
3⤋
Because those of us that served with honor willingly gave up our personal rights so that others can enjoy those rights specified in the constitution and it's amendments..
You cannot run a military orginization without good order and disipline. Playing "sea lawyer" serves no usefull purpose there.
2007-10-10 16:13:54
·
answer #8
·
answered by oneiloilojeepney 5
·
1⤊
2⤋
They are held to a higher standard. They also have to obey and follow the UCMJ, in order to ensure good order and discipline. If you really think about it with "military" common sense you will understand why it is necessary to do so. It is necessary so we can perform our jobs and function as a military (both in garrison and combat).
2007-10-10 15:04:34
·
answer #9
·
answered by Marco R 4
·
3⤊
2⤋
When you raise your right hand and take your oath, you are immediately covered by the Uniform Code of Military Justice.
Only in militias do you have some semblance of Constitutional coverage.
If the military funtioned under Constitutional rules, we would have no military at all...and no Constitution as well.
You volunteered, deal.
2007-10-10 15:03:38
·
answer #10
·
answered by commanderbuck383 5
·
3⤊
4⤋