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Stockdale Center for Ethical Leadership
Stockdale Center for Ethical Leadership

The UCMJ and the Bill of Rights

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                            The Bill of Rights and the Uniform Code of Military Justice 

 

What is the connection between the Uniform Code of Military Justice and the U.S. Constitution with the Bill of Rights. What are your "rights" as a Naval Officer? Do you still have rights under the Constitution?

This series of podcasts goes in depth on these questions and more. History, Political Science, Cyber and Law Professors break down how you are impacted by these documents, and they tell you what you should know in order to do your jobs, and to be a citizen.

 

              Episode #1                 Historical Context
              Episode #2                 Freedoms of Expression
              Episode #3                 Freedom of Religion
              Episode #4                 Search, Seizure and Admissibility
              Episode #5                 Criminal Self Incrimination
              Episode #6                 Judicial Procedure
              Episode #7                 Federalism, State's Rights & the  14th
              Episode #8                 Special Edition 2nd and 3rd
              Episode #9                 The Oath of Office Itself

 


The Oath of Office Itself (22:18) .  Episode #009

What is the genesis of an Oath of Office that we take when we join the Naval service? Where does General Washington come in and what was his impact on an Oath? What does the Constitution say about an Oath of Office. What does "well and faithfully mean"? Why is this oath different for enlistment?

Special Edition 2nd and 3rd Amendment (45:44) .  Episode #008

What are your rights as they are shaped by the 2nd and the 3rd Amendment. What are the colonial Origins and Interpretations of the Right to Keep and Bear Arms? What were Intentions of the Founders, and how and when were they changed? How has the Supreme Court interpreted this right today? Is there a connection between the original intent, and the rights and rulings today?

Federalism, State's Rights and the Role of the 14th (44:55) .  Episode #007

How did the Founders handle Federalism and State's Rights - that perpetually delicate balance. How does the 14th Amendment address these issues? Our constitution and our way of life remain a great experiment – it is our responsibility as naval officers, and as Americans to understand exactly what the Constitution guarantees to all citizens, and to prove that we truly are all created equal.

Judicial Procedure (41:29) .  Episode #006

What does judicial procedure look like as an accused citizen. What does the right to a speedy trial mean? Are there any limitations to your right to counsel? What is bail, and what is to be considered excessive? Do you know the difference between a jury and a grand jury? Lastly, how are we to understand what “cruel and unusual” really means?

Criminal Self Incrimination (37:22) .  Episode #005

What is the process of being taken into police custody? What happens to you, either as a citizen or a military member once you have been arrested? Everyone has heard of Miranda Rights – do you know where it comes from? What are 31 Bravo Rights? Finally, what is meant by Due Process?

Search, Seizure and Admissibility (39:11) .  Episode #004

We look at the 4th Amendment. What does the right to privacy mean, and what rights do we have as American citizens to protection from an unreasonable search and seizure? What is the difference between “reasonable” and “unreasonable?” What rights do government actors have, both with and without a warrant? Moreover, how are we to understand what is admissible and what isn’t in a court of law?

Freedom of Religion (39:45) .  Episode #003

We examine Freedom of Religion, as guaranteed by the First Amendment of the Bill of Rights. This episode is in two parts - created by Madison and his peers: the Establishment Clause, and the Exercise Clause. We ask: what factors led the United States to embrace these concepts? Have we ever been a truly secular nation? How has the relationship between government and religion changed over time? And lastly, how are we to understand freedom of religion as members of the military?

Freedoms of Expression (44:02) .  Episode #002

We focus on four of the freedoms guaranteed in the 1st Amendment: Press, Petition, Assembly, and Speech. How are we to understand these freedoms both as citizens, and naval officers? What limitations exist to those guaranteed rights? Why is okay for ordinary citizens to burn a flag or wear black armbands protesting war in public school? When does the government have the right to infringe upon some of those rights? Do they ever? And how are we supposed to understand freedom of expression in the digital age of Instagram and Facebook?

Historical Context (54:36) .  Episode #001

The federal government in the early days of the nation was weak and ineffective. Citizens actually rebelled against the power of the central government by taking up arms. President George Washington knew that he needed to do something. What started as a discussion in Annapolis, ended with a new Constitution. How did the addition of the Bill of Rights impact the ratification of the Constitution? And with these rights, how is Good Order and Discipline in the military and naval service impacted. How did the Captain's ability to prescribe "Bread and Water" punishment and restricted political speech in the service interplay with a citizen sailor's rights regarding Cruel and Unusual Punishment and Free Speech?