Is it Legal to ask a Soldier to Waive his or her U.S. Constitutional Bill of Rights?

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Soldier

n.

1. One who serves in an army.
2. An enlisted person or a noncommissioned officer.
3. An active, loyal, or militant follower of an organization.
4. A sexually undeveloped form of certain ants and termites, having large heads and powerful jaws.
5. One of a group of honeybees that swarm in defense of a hive.
6. intr.v., -diered, -dier·ing, -diers.
7. To be or serve as a soldier.
8. To make a show of working in order to escape punishment.

[Middle English soudier, mercenary, from Anglo-Norman soudeour, soldeier and Old French soudoior, soudier, both from Old French sol, soud, sou, from Late Latin solidum, soldum, pay, from solidus, solidus. See solidus.]

Waive

tr.v., waived, waiv·ing, waives.

1. To give up (a claim or right) voluntarily; relinquish. See synonyms at relinquish.
2. To refrain from insisting on or enforcing (a rule or penalty, for example); dispense with: "The original ban on private trading had long since been waived" (William L. Schurz).
3. To put aside or off temporarily; defer.

[Middle English weiven, to abandon, from Anglo-Norman weyver, from waif, ownerless property. See waif1.]

United States Constitution

Fundamental law of the U.S. federal system of government and a landmark document of the Western world. It is the oldest written national constitution in operation, completed in 1787 at the Constitutional Convention of 55 delegates who met in Philadelphia, ostensibly to amend the Articles of Confederation. The Constitution was ratified in June 1788, but because ratification in many states was contingent on the promised addition of a Bill of Rights, Congress proposed 12 amendments in September 1789; 10 were ratified by the states, and their adoption was certified on Dec. 15, 1791. The framers were especially concerned with limiting the power of the government and securing the liberty of citizens. The Constitution's separation of the legislative, executive, and judicial branches of government, the checks and balances of each branch against the other, and the explicit guarantees of individual liberty were all designed to strike a balance between authority and liberty. Article I vests all legislative powers in the Congress — the House of Representatives and the Senate. Article II vests executive power in the president. Article III places judicial power in the hands of the courts. Article IV deals, in part, with relations among the states and with the privileges of the citizens, Article V with amendment procedure, and Article VI with public debts and the supremacy of the Constitution. Article VII stipulates that the Constitution would become operational after being ratified by nine states. The 10th Amendment limits the national government's powers to those expressly listed in the Constitution; the states, unless otherwise restricted, possess all the remaining (or "residual") powers of government. Amendments to the Constitution may be proposed by a two-thirds vote of both houses of Congress or by a convention called by Congress on the application of the legislatures of two-thirds of the states. (All subsequent amendments have been initiated by Congress.) Amendments proposed by Congress must be ratified by three-fourths of the state legislatures or by conventions in as many states. Twenty-seven amendments have been added to the Constitution since 1789. In addition to the Bill of Rights, these include the 13th (1865), abolishing slavery; the 14th (1868), requiring due process and equal protection under the law; the 15th (1870), guaranteeing the right to vote regardless of race; the 17th (1913), providing for the direct election of U.S. senators; the 19th (1920), instituting women's suffrage, and the 22nd (1951), limiting the presidency to two terms. See also civil liberty; commerce clause; Equal Rights Amendment; establishment clause; freedom of speech; judiciary; states' rights.

Bill of Rights

First 10 amendments to the Constitution of the United States, adopted as a group in 1791. They are a collection of guarantees of individual rights and of limitations on federal and state governments that derived from popular dissatisfaction with the limited guarantees of the Constitution. The first Congress submitted 12 amendments (drafted by James Madison) to the states, 10 of which were ratified. The 1st Amendment guarantees freedom of religion, speech, and the press and grants the right to petition for redress and to assemble peacefully. The 2nd Amendment guarantees the right of the people to keep and bear arms. The 3rd prohibits the quartering of soldiers in private dwellings in peacetime. The 4th protects against unreasonable search and seizure. The 5th establishes grand-jury indictment for serious offenses, protects against double jeopardy in criminal cases, and prohibits compelling testimony by a person against himself. The 6th establishes the rights of the accused to a speedy trial and an impartial jury and guarantees the right to legal counsel and to the obtaining of witnesses in his favour. The 7th preserves the right to trial by jury in serious civil suits and prohibits double jeopardy in civil cases. The 8th prohibits excessive bail and cruel and unusual punishment. The 9th states that enumeration of certain rights in the Constitution does not mean the abrogation of rights not mentioned. The 10th reserves to the states and people any powers not delegated to the federal government

Civil Rights

pl.n.
The rights belonging to an individual by virtue of citizenship, especially the fundamental freedoms and privileges guaranteed by the 13th and 14th Amendments to the U.S. Constitution and by subsequent acts of Congress, including civil liberties, due process, equal protection of the laws, and freedom from discrimination.

adj. or civ·il-rights (sĭv'əl-rīts')

1. Of or relating to such rights or privileges: civil rights legislation.
2. Of or relating to a political movement, especially during the 1950s and 1960s, devoted to securing equal opportunity and treatment for members of minority groups.

Uniform Code of Military Justice

Uniform Code of Military Justice (UCMJ) replaced the traditional system known as the Articles of War, which governed the conduct of military personnel from 1775 to the UCMJ's passage in 1950. The Articles of War contained eighteenth-century language inappropriate to the post–World War II military and contained separate legal systems for the army and navy. The UCMJ was a product of the newly created Office of the Secretary of Defense, which centralized and regularized many facets of military life.

The UCMJ was written entirely by civilians, with Secretary of Defense James Forrestal making many of the key decisions himself. The UCMJ more closely aligned military justice procedure with civilian federal procedure, though it delegated to the president the authority to modify rules of evidence and other procedures. In 1951, President Harry Truman issued his Manual for Courts-Martial, which directs military courts on the implementation of the UCMJ.

In many of its aspects, the UCMJ is significantly more restrictive than civilian law. For example, the UCMJ restricts the First Amendment right of free speech and more closely regulates the sexual behavior of military members, specifically forbidding homosexuality and adultery. These features of the UCMJ have drawn the most criticism in recent years.

Logical Scenario

George Washington University has invited our U.S. Commander in Chief to address an audience of prospective military recruits.

Honorable President is it true that a prospective recruit must waive his or her U.S. Constitutional Bill of Rights to join our U.S. Armed Forces?

Well he or she shall retain his or her Second Amendment right to bear arm but may have to defer several of the other less important Bill of Rights.

Honorable President if a prospective recruit were to defer his or her Bill of Rights to serve our great nation and earn an honorable discharge will your office require the Secretary of Veteran Affairs to enforce his or her Civil Rights upon ETS?

Well it may place a tremendous financial burden on Veteran Affairs to enforce his or her Civil Rights upon ETS. You see we have found that it is more cost efficient for Veterans to defend his or her own Civil Rights.

Honorable President don't you feel that after a soldier has volunteered to enlist and subject him or herself to making the ultimate sacrifice of life or limb to secure our nation from enemy aggression that VA has a minimal duty to protect the Civil Rights of our U.S. Veterans?

Wait just a minute! You have to understand that VA is responsible for providing medical health care in behalf of Veteran soldiers.

Honorable President are you aware that USC Title 42 Section 1983 falls under the public administration of health, safety and welfare?

Excuse me! I apologize to each prospective recruit. I have failed to realize how damaging it may be to VA if I were to continue answering your questions.

Forgive me for I must turn it over to our White House Press Secretary to clean up my mis cues.

Moral of my story is: Since the VA has reneged upon its legal obligation to enforce USC Title 42 Section 1983 in behalf of each U.S. Veteran, then it is illegal to ask a prospective recruit to waive his or her U.S. Constitutional Bill of Rights to defend our nation and subject him or herself making the ultimate sacrifice of life or limb.

Rule 36 Requests for Admission

Please check [X] ADMIT or DENY to my following requests for admission:

1. [ ]ADMIT [ ]DENY Please admit prospective recruits must defer his or her Bill of Rights
2. [ ]ADMIT [ ]DENY Please admit prospective recruits contract to be under UCMJ
3. [ ]ADMIT [ ]DENY Please admit that an honorable discharge is worth cow manure
4. [ ]ADMIT [ ]DENY Please admit that military service doesn't count as time served
5. [ ]ADMIT [ ]DENY Please admit that military service doesn't excuse punishment
6. [ ]ADMIT [ ]DENY Please admit that it is foolish to volunteer enlistment
7. [ ]ADMIT [ ]DENY Please admit that the VA has back stabbed Veterans
8. [ ]ADMIT [ ]DENY Please admit that most street peddlers are Veterans
9. [ ]ADMIT [ ]DENY Please admit that many Veterans lived impoverished lives
10. [ ]ADMIT [ ]DENY Please admit that prisons are overcrowded with Veterans
11. [ ]ADMIT [ ]DENY Please admit that a multitude of Veterans can't vote
12. [ ]ADMIT [ ]DENY Please admit that Veteran's Day is a bunch of hogwash
13. [ ]ADMIT [ ]DENY Please admit that our Commander in Chief is a Benedict Arnold
14. [ ]ADMIT [ ]DENY Please admit that Veterans rank at the bottom of our totem pole
15. [ ]ADMIT [ ]DENY Please admit that civil servants rank higher than Veteran soldiers

Closing Arguments

Veteran Affairs (VA) is the worst back stabbing agency of the Federal government.

White House Press Secretary has fostered the illusion that VA has been concerned about our U.S. Veterans.

Never in the history of the United States has VA published a poll among U.S. Veterans to discover our grievances and/or concerns.

Enforcement of the Civil Rights Act or American with Disabilities Act is most likely the number one concern of Disabled Veterans across the United States.

Veteran soldiers have been forced to hire private attorneys to police his or her Civil Rights and shame on him or her if he or she can't afford the legal fees.

God has revealed King David's sin to Nathan the prophet to show that nothing is hid beyond God's eyesight of how King David's throne has upheld the law to favor the rich over the poor.

2Sa12:1 And the LORD sent Nathan unto David. And he came unto him, and said unto him, There were two men in one city; the one rich and the other poor

Amen!