I am fortunate to have many friends and relatives who are either serving or have served in our nation's armed forces. I know at least one person in every branch either active or retired. The military is nothing to mock or scoff at as they defend this nation and fight in our wars even when they disagree with the principles behind those wars. My father served many years and was granted unparalleled access and taught me to respect those who are willing to put their lives on the line to defend my ability to post this blog.
That aside, there are a few things about the military that may distrub you. For example, though pledged to defend our Constitution, the Uniform Code of Military Justice (the law of the military if you will) allows certain parts of the Constitution to "not apply" as it were to military members. For example, the First Amendment protects our liberty to speak our minds (so long as we do not encourage or endorse criminal activity), petition our government for a redress of grievances (through protest, the court system, writing letters to congresspersons, etc.), practice what religion we will (so long as certain tenants of the law are upheld), and assemble freely (again, the right to protest, strike, etc.). This fundamental right, however, can and is suspended in some cases for military members. They may not protest their government or its actions even if they obey orders, during certain times they can not contact their representatives, in fact the only premise the military seems to endorse is the religious freedom, but even that hinges on the availability of a chaplain of that religion being present (and chaplains are in short supply). Even the amendments protecting the rights of the accused, such as habeas corpus and the prohibition against self-incrimination may be suspended at will by the Pentagon and/or superior officers.
What do we make of this? It would seem that those who defend the rights we hold dear are subject to the abridging of those rights in the name of efficiency and "security". Sometimes, it is true, these rights must be suspended, e.g. in the midst of battle, protesting marines would be highly devastating. But what of those affected who are not in the line of fire? Should we as citizens not protect their rights just as they protect ours? And why a Court Martial of persons on American soil? Could our criminal justice system not adequately handle the affair? It would seem that our military is its own state whose obligation to the Constitution is only its defense. The question then becomes is this right? What do you think? Go and read the Uniform Code of Military Justice and ask yourself if all of its provisions protect those who serve as they protect us:
http://www.law.cornell.edu/uscode/text/10/subtitle-A/part-II/chapter-47 (UCOMJ)
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