RESEARCHING AMERICAN HISTORY HAS SHOWN; NO US PRESIDENT HAS EVER BEEN
CHARGED, ARRESTED,DETAINED, AND A MILITARY COURTMARTIAL PROCEEDING
ORDERED AGAINST A COMMANDER IN CHIEF OF THE UNITED STATES OF AMERICA FOR
VIOLATING THE LAWS WITHIN THE SCOPE OF THE UNIFORM CODE OF MILITARY JUSTICE
(UCMJ).
History on the Code of Laws and Regulations which maintain Discipline
and
Good Order
This is a topic that has never had to be heard before in American
History.
Is the COMMANDER IN CHIEF required to obey the Uniform Code of
Military
Justisce (UCMJ)
All military forces require a code of laws and regulations for the
maintenance of discipline and good order.
This is what is recognized as military- not be confused with the term
martial law. Military law is what is recognizes as unique rules or laws
that
are applicable to the armed forces of a state which is governing the
terms
of service, discipline, and military punishment of specific service
offences
which are often not considered criminal by the ordinary law of the
land.
Although these regulations can also include violations of criminal laws
of
the land by individuals who are under the authority to obey the
Military
Laws as well
Military Laws date back centuries, For example Rome: their military
laws
were derived from the imperium of magistrates in their capacity as
commanders of the Roman military forces. Though it was arbitrary and
harsh
at times, depending on the individual commander; however Roman military
law
became much more formalized under the digest and codex of the Emperor
Justinian. England during the Middle Ages, the maintenance of discipline
was
administered by the court of the constable and the marshal who would
apply
the ordinances and articles of war as issued by the sovereign or the
commander appointed by the king. The earliest examples of these are
the
charter drawn up in 1189 by Richard ‘the Lionheart’ for the regulation
of
his forces deployed for the Third Crusade.
During the 16th and 17th Centuries European armies were apt to be a
multinational mixture of mercenaries, thus each contingent usually
applied
the rules of the army's supreme commander according to their own
procedures.
The articles of war of Maurice of Nassau (http://www.answers
com/topic/maurice-of-nassau) and Gustavus Adolphus, (http://www.answers
com/topic/gustav-ii-adolph-of-sweden) which served as the basis for
most
forms of military justice into the 19th century. Their ideas were spread
by
the many men whom they commanded. When the British civil wars were
taking
place, the ordinances of the royalist and parliamentary commanders were
both
based on these continental ideas and were almost exactly the same.
Impressive discipline of the "New Model Army" was not due to an
improved
code of military justice, Based upon the facts that these articles
were
rigorously enforced.
In England, (as mentioned earlier), military justice originated in
the
courts of the constable and marshal, but the government started taking
on
the task of writing the codes or rules of the military from 1642 on. In
1689
The jurisdiction of the constable and marshal courts was declared
obsolete
and military law was legalized In 1689 with the "Mutiny Act",
normally
passed annually, to which the prerogative articles were subordinate.
The
authority to draft articles of war was embodied in the Act in 1777.
The
articles of war was replaced in 1881 by the Army Act (British Army).
What is the Army Act
The Army Act is an Act of Parliament dealing with the discipline,
court
martial, and enlistment of the members of the army and has in itself
no
permanent operation. Annually brought into operation by the Army Act
(which
was reformed in 1955 to become the Army and Air Force Act). Through
the
system of annual acts, parliament retains control of the land forces of
the
Crown. The Army and Air Force Act is part of the statute law of England
and
is construed in the same manner and carried out under the same conditions
as
the ordinary criminal law of the country, Discipline is administered
by
courts martial though, and not the civil courts. Articles of war had been
in
used by the Royal Navy until 1957.
In the United States, In 1775 the first Continental Congress
established
courts martial to enforce the discipline of the army and navy. In
1806,
articles of war were adopted, The articles of war were modeled on the
British Mutiny Act and articles that were in force at that time.
Military
law is now administered in the USA under the Uniform Code of Military
Justice which President Truman signed into law in 1951.
Jurisdiction of military law is not necessarily confined to the
discipline
of members of the armed forces. It extends in varying degrees, under
different countries' systems to all offences committed by members of
the
military. Including offenses that damage discipline committed by
civilians.
One example: countries which operate a system of conscription,
soldiers
failing to answer their initial call-up are liable to military
jurisdiction.
Civilians become subject to military justice in a number of ways.
Another example is Italy and Turkey. Treason and rebellion can be dealt
with
under the military code. Norway, breaches of the Geneva Conventions
are
dealt with under military law. And, a number of countries, civilians in
a
war zone or theatre of active operations can come under military
jurisdiction. In other countries, only civilians associated or working
with
the armed forces come under Service Law. Under British military law,
civilians accompanying armed forces stationed in a foreign country,
including civil servants and war correspondents, can be tried for
offences
against the military community. In France, Germany, and Austria,
civil
courts deal with all crimes, military or civil, during peacetime.
The logic and practice of military justice have come under increasing
attack
With assertions that both summary military justice, meted out by
commanding
officers, and courts martial themselves are inherently prejudiced
against
the defendant. Most western armed forces have liberalized their systems
of
military justice in recent years by reducing the scope of summary
jurisdiction and improving the quality of defendants' representation
at
courts martial.
It is paramount to determine not only Whether a person is
Constitutionally
Eiligible to be President of the United States of America-The
question
Whether this private citizen is Eligible to be Commander In Chief of
the
United States Military in accordance to the US Constitution and the
Uniform
Code of Military Justice. Holding the postion of President of the
United
States requires the civilian population to be represented by someone who
is
constitutionally eligible in accordance to the United States Constitution
to
be appointed as President of the United States of America. Yet Military
laws
also must not .. Repeat. MUST NOT be altered. overlooked, and or
disobeyed by anyone whom is elisted, Volunteers or is appointed, in
any
capacity of the United States Military. From the rank of E-1 all the way
up
to the Commander In Chief of the US Military. That is required to abide
and
fullfill their dutties within the scope of the laws within the Uniform
Code
of Military Justice.(UCMJ)
Anyone having served or is currently serving in the US Army. US Navy,
US
Marine Corps US Air Force, US Coast Guard or any other branch of the
Military is arbitrarily affected by even the slightest breech in these
codes
and laws which must be complied to by all respective persons who are
held
responsible to abide by the UCMJ.
For this reason, The Judicial Advocacy General Office is established
to
monitor and pesue any violations of this Code. As well as represent
anyone
who has charges against them.
For Example:
Charges can be brought against anyoe who is required to comply to and
violates Chapter 47. Uniform Code of Military Justice
802. 2. Persons Subject to this chapter.
802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
(10) In time of war, persons serving with or accompanying an armed force
in
the field.
(11) Subject to any treaty or agreement which the United States is or may
be
a party to any accepted rule of international law, persons serving
with,
employed by, or accompanying the armed forces outside the United States
and
outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and
the
Virgin Islands.
(12) Subject to any treaty or agreement which the United States is or may
be
a party to any accepted rule of international law, persons within an
area
leased by or otherwise reserved or acquired for use of the United
States
which is under the control of the Secretary concerned and which is
outside
the United States and outside the Canal Zone, the Commonwealth of
Puerto
Rico, Guam, and the Virgin Islands.
b) The voluntary enlistment of any person who has the capacity to
understand
the significance of enlisting in the armed forces shall be valid for
purposes of jurisdiction under subsection (a) and change of status
from
civilian to member of the armed forces shall be effective upon the taking
of
the oath of enlistment.
(c) Notwithstanding any other provision of law, a person serving with
an
armed force who--
(1) Submitted voluntarily to military authority;
(2) met the mental competence and minimum age qualifications of sections
504
and 505 of this title at the time of voluntary submissions to
military
authority:
(3) received military pay or allowances; and
(4) performed military duties: is subject to this chapter until such
persons
active service has been terminated in accordance with law or
regulations
promulgated by the Secretary concerned.
807. ART. 7. APPREHENSION
(a) Apprehension is the taking of a person into custody.
(b) Any person authorized under regulations governing the armed forces
to
apprehend persons subject to this chapter or to trial thereunder may do
so
upon reasonable belief that an offense has been committed and that
the
person apprehended committed it.
809. ART. 9. IMPOSITION OF RESTRAINT
(c) Commissioned officers, warrant officers, petty officers, and
noncommissioned officers have authority to quell quarrels, frays and
disorders among persons subject to this chapter who take part
therein.
(e) Nothing in this article limits the authority of persons authorized
to
apprehend offenders to secure the custody of an alleged offender
until
proper authority may be notified.
814. ART. 14. DELIVERY OF OFFENDERS TO CIVIL AUTHORITIES
(a) Under such regulations as the Secretary concerned may prescribe,
a
member of the armed forces accused of an offense against civil authority
may
be delivered, upon request, to the civil authority for trial.
This entry consists of a seven‐part examination of the system of
military
law and justice, the system established by Congress for the government
of
persons in the armed forces. The organization is topical and then
chronological within each article. The entries are:
Articles of War (1775–1950)
Uniform Code of Military Justice (1950–Present)
Military Crimes
Military Police
Military Courts
Military Punishment
Military Prisons
For related entries involving military or war crimes, see Atrocities;
Desertion; Genocide; Laws of War; Martial Law; Mutiny; Rights in the
Military, Citizens’; Rape by Military Personnel; Treason; War Crimes.
It is paramount that the Question Whether a person is eligible to be
President of the United States; In accordance to the US Constitution,
Article II, Section 1. It is of equal or greater importance that there is
a
detailed investigation
to answer the Question Whether The said person is is eligible to be
Commander In Chief of the United States Military.
Refusing to adhere to Military orders which are based upon the UCMJ and
US
Constitution The President places the the title of Commander In Cheif
and
title of President of the United States at the highest risk of danger.
A
Clear and Present Danger which must determined is the accused private
citizen capable to be charged with Treason and other high (Capital)
Crimes
against the United States of American and derelict of duty in accordance
of
the UCMJ. and violating:
ART. 107. FALSE STATEMENTS
ART. 132. Section 2 (A),(B),(C) FRAUDS AGAINST THE UNITED STATES
Article 92 (1-3)—Failure to obey order or regulation
Article 83— Section 1 (a,b,c,d)Fraudulent enlistment, appointment, or
separation
Being appointed as President through the Electoral College Voting
process
within the US Constitution requires the People to be represented by
someone
who is qualified to hold this postion- in accordance to the United
States
Constitution. There are other laws that also must not . I Repeat. MUST
NOT
BE ALTERED. OVERRIDEN,and or Disobeyed by any person serving in any
capacity
of the United States Military. From an Elisted Pesron holding the rank
of
E-1 upto the position of Commander In Chief- a postion appointed in
accordance of the US Constiton Art II Section1. This also is in
compliance
to protecting and preserving even the Uniform Code of MIlitary
Justice.
(UCMJ)
Anyone having served or is currently serving in the US Army. US Navy,
US
Marine Corps US Air Force, US Coast Guard or any other branch of the
Military, is contracted by the US Government, or goes into any military
or
Naitonal Agreement with the United States is affected by even the
slightest
breech in these codes which every person who is enlisted or appointed to
the
United States Miltary must comply with.
For this reason The Judicial Advocacy General Office has been established
to persue the prosecution and or representation related to all violations of the
Uniform Code of Military Justice by those who are Required to uphold these
laws.
