APPENDIX SECTION 4

Official

The National Constitution of The American Legion as set out herein, is in full force and effect and represents action taken by National Conventions, being the Constitution adopted at the First Annual Convention, Minneapolis, Minn., Nov. 10-12, 1919, and as amended at the Second Annual Convention, Cleveland, Oh., Sept. 27-29, 1920; Fourth Annual Convention, New Orleans, La., Oct. 16-20, 1922; Fifth Annual Convention, San Francisco, Calif., Oct. 15-19, 1923; Sixth Annual Convention, St. Paul, Minn., Sept. 15-19, 1924; Seventh Annual Convention, Omaha, Nebr., Oct. 5-9, 1925; Ninth Annual Convention, Paris, France, Sept. 19-22, and Ratification Convention, New York N.Y., Oct. 19-22, 1927; Twelfth Annual Convention, Boston, Mass., Oct. 6-9, 1930; Fifteenth Annual Convention, Chicago, Ill., Oct. 2-5, 1933; Nineteenth Annual Convention, New York, N.Y., Sept. 20-23, 1937; Twentieth Annual Convention, Los Angeles, Calif., Sept. 19-22, 1938; Twenty-first Annual Convention, Chicago, Ill., Sept. 25-28, 1939; Twenty-second Annual Convention, Boston, Mass., Sept. 23-26, 1940; Twenty-third Annual Convention, Milwaukee, Wis., Sept.18, 1941; Twenty-fourth Annual Convention, Kansas City, Mo., Sept. 19-21, 1942; Twenty-fifth Annual Convention, Omaha, Neb., Sept. 21-23, 1943; Twenty-seventh Annual Convention, Chicago, Ill., Nov. 18-21, 1945; Twenty-eighth Annual Convention, San Francisco, Calif., Sept. 30-Oct. 1-4, 1946; Twenty-ninth Annual Convention, New York, N.Y., Aug. 28-31, 1947; Thirtieth Annual Convention, Miami, Fla., Oct. 18-21, 1948; Thirty-first Annual Convention, Philadelphia, Pa., Aug. 29-Sept. 1, 1949; Thirty-second Annual Convention, Los Angeles, Calif., Oct. 9-12, 1950; Thirty-third Annual Convention, Miami, Fla., Oct. 15-18, 1951; Thirty-fourth Annual Convention, New York, N.Y., Aug. 25-28, 1952; Thirty-sixth Annual Convention, Washington, D.C., Aug.30-Sept. 2, 1954; Thirty-seventh Annual Convention, Miami, Fla. Oct. 10-13, 1955; Thirty-eighth Annual Convention, Los Angeles, Calif., Sept. 3-6, 1956; Fortieth Annual Convention, Chicago, Ill., Sept. 1-4, 1958; Forty-second Annual Convention, Miami Beach, Fla., Oct. 17-20, 1960; Forty-eighth Annual Convention, Washington, D.C., Aug. 30-Sept. 1, 1966; Fifty-second Annual Convention, Portland, Ore., Sept. 1-3, 1970; Fifty-fourth Annual Convention, Chicago, Ill., Aug. 22-24, 1972; Fifty-fifth Annual Convention, Honolulu, Hi., Aug. 21-23, 1973; Fifty-sixth Annual Convention, Miami Beach, Fla., Aug. 20-22, 1974; Fifty-eighth Annual Convention, Seattle, Wash., Aug. 24-26, 1976; Fifty-ninth Annual Convention, Denver, Colo., Aug. 23-25, 1977; Sixty-first Annual Convention, Houston, Tex., Aug. 21-23, 1979; Sixty-ninth Annual Convention, San Antonio, Tex., Aug. 25-27, 1987; Seventy-second Annual Convention, Indianapolis, Ind., Aug. 28-30, 1990; Seventy-third Annual Convention, Phoenix, Arizona, Sept. 3-5, 1991; the Seventy-seventh Annual Convention, Indianapolis, Ind., Sept. 4-6, 1995; Seventy-ninth Annual Convention, Orlando, Fla., Sept. 2-4, 1997; Eighty-second Annual Convention, Milwaukee, Wis., Sept. 5-7, 2000; and reiterated at the Eighty-third Annual Convention, Charlotte, NC, Aug. 27-29, 2002; (as found in italic print).

The By-Laws as adopted at the Fourth Annual Convention, New Orleans, La., Oct. 16-20, 1922, and as amended at the Fifth Annual Convention, San Francisco, Calif., Oct. 15-19, 1923; Sixth Annual Convention, St. Paul, Minn., Sept. 15-19, 1924; Eleventh Annual Convention, Louisville, Ky., Sept. 30-Oct. 1, 2, 3, 1929; Fifteenth Annual Convention, Chicago, Ill., Oct. 2-5, 1933; Nineteenth Annual Convention, New York, N.Y., Sept. 20-23, 1937; Twentieth Annual Convention, Los Angeles, Calif., Sept. 19-22, 1938; Twenty-first Annual Convention, Chicago, Ill., Sept. 25-28, 1939; Twenty-second Annual Convention, Boston, Mass., Sept. 23-26, 1940; Twenty-third Annual Convention, Milwaukee, Wis., Sept. 15-18, 1941; Twenty-seventh Annual convention, Chicago, Ill., Nov. 18-21, 1945; Twenty-ninth Annual Convention, New York, N.Y., Aug. 28-31, 1947; Thirtieth Annual Convention, Miami, Fla., Oct. 18-21, 1948; Thirty-first Annual convention, Philadelphia, Pa., Aug. 29-Sept. 1, 1949; Thirty-third Annual Convention, Miami, Fla., Oct. 15-18, 1951; Thirty-fourth Annual Convention, New York, N.Y., Aug. 25-28, 1952; Thirty-ninth Annual Convention, Atlantic City, N.J., Sept. 16-19, 1957; Fifty-second Annual Convention, Portland, Ore., Sept. 1-3, 1970; Fifty-eighth Annual Convention, Seattle, Wash., August 24-26, 1976; and Fifty-ninth Annual Convention, Denver, Colo., Aug. 23-25, 1977.

Robert W. Spanogle, National Adjutant

CONSTITUTION

of The American Legion

PREAMBLE

For God and Country, we associate ourselves together for the following purposes: To uphold and defend the Constitution of the United States of America; to maintain law and order; to foster and perpetuate a one hundred percent Americanism; to preserve the memories and incidents of our associations in the Great Wars; to inculcate a sense of individual obligation to the community, state and nation; to combat the autocracy of both the classes and the masses; to make right the master of might; to promote peace and good will on earth; to safeguard and transmit to Posterity the principles of justice, freedom and democracy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.

ARTICLE I

NAME

Section 1. The name of this organization shall be The American Legion.

Section 2. The National Headquarters of The American Legion shall be located at the site of the Indiana World War Memorial in the city of Indianapolis, Indiana.

ARTICLE II

NATURE

Section 1. The American Legion is a civilian organization; membership therein does not affect nor increase liability for military or police service. Rank does not exist in the Legion; no member shall be addressed by his military or naval title in any convention or meeting of the Legion.

Section 2. The American Legion shall be absolutely nonpolitical and shall not be used for the dissemination of partisan principles nor for the promotion of the candidacy of any person seeking public office or preferment.

ARTICLE III

ORGANIZATION

Section 1. The American Legion shall be organized in Departments and these in turn in Posts. There shall be one Department in each state, in the District of Columbia, and there may be one Department in each territory and insular possessions of the United States. The National Executive Committee may establish Posts in the territorial and insular possessions of the United States and foreign countries, and shall designate the Department under whose jurisdiction they shall function, but this shall in no way affect the status of Departments already established.

ARTICLE IV

ELIGIBILITY

Section 1. Any person shall be eligible for membership in The American Legion who was a member of the Army, Navy, Marine Corps, Coast Guard or Air Force of the United States and assigned to active duty at some time during any of the following periods: April 6, 1917, to November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; February 28, 1961, to May 7, 1975; August 24, 1982, to July 31, 1984; December 20, 1989, to January 31, 1990; August 2, 1990, to the date of cessation of hostilities as determined by the Government of the United States; all dates inclusive, or who, being a citizen of the United States at the time of his entry therein, served on active duty in the armed forces of any of the Governments associated with the United States during any of said periods; provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service. *

Section 2. There shall be no form or class of membership except an active membership, and dues shall be paid annually or for life.

Section 3. No person may be a member at any one time of more than one Post.

Section 4. No person, who has been expelled by a Post, shall be admitted to membership in another Post without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post, he may then appeal to the Executive Committee of the Department of the expelling Post for permission to be admitted to membership in another Post, and shall be ineligible for membership until such permission is granted.

* Appendix following National By-Laws, carries amended sections of the National Charter of The American Legion.

ARTICLE V

NATIONAL CONVENTION

Section 1. The legislative body of The American Legion shall be the National Convention, except as otherwise provided in the Constitution and By-Laws.

Section 2. The time and place of the National Conventions shall be determined by the National Executive Committee, which shall have authority to change such time and place for sufficient reasons to it appearing.

Section 3. In the National Convention each Department shall be entitled to five delegates and one additional delegate for each one thousand members, or major fraction thereof, whose current dues have been received by the National Treasurer 30 days prior to the meeting of said convention, and whose registration fees, as fixed by the National Executive Committee, for its total authorized delegate strength, have been paid; and to one alternate for each delegate. The delegates shall be chosen not less than two weeks before the National Convention at Department Conventions or in any other manner specified by any Department Constitution.

Section 4. Each duly registered delegate shall be entitled to one vote. The vote of any registered delegate absent and not represented by an alternate shall be cast by the majority of the registered delegates present from his Department. Alternates for registered delegates shall have all the privileges of registered delegates, except that of voting. A registered delegate is one who has received his credentials after his registration fee has been paid.

Section 5. A quorum shall exist at a National Convention when sixty percent of the Departments are represented as provided above.

Section 6. The National Executive Committee shall provide a Uniform Code of Procedure for the orderly organization and operation of National Conventions with continuing power of revision, and said Code shall be applicable at all National Conventions unless it is amended, suspended, or repealed by a majority vote of the total authorized representation at a National Convention.

ARTICLE VI

NATIONAL OFFICERS

Section 1. The National Convention shall elect a National Commander, and five National Vice Commanders, who shall serve without seniority. No two Vice Commanders shall be chosen from the same Department. No persons shall be eligible for re-election to the office of National Commander or National Vice Commander.

Section 2. Such officers shall serve until the adjournment of the succeeding National Convention following their election and thereafter until their successors are chosen. Vacancies in these offices occurring between National Conventions shall be filled by election by the National Executive Committee, and any member of The American Legion, in good standing, shall be eligible for election to such vacancy. Provided, however, that no Past National Commander, or Past National Vice Commander shall be elected to fill any vacancy in these respective offices.

Section 3. The National Executive Committee at its first meeting following the National Convention shall appoint the National Adjutant, National Treasurer, National Judge Advocate, National Chaplain, and National Historian, such officers to hold office at the pleasure of the appointing power. All persons having the custody of funds shall give adequate bonds, which shall be approved by the National Executive Committee.

Section 4. All Past National Commanders, while in good standing in their respective Posts, shall be members for life of the National Executive Committee, without vote, and shall also be life delegates to all National Conventions of THE AMERICAN LEGION, with vote, to be exercised by them with their respective Departments.

ARTICLE VII

NATIONAL EXECUTIVE COMMITTEE

Section 1. Between National Conventions, the administrative power shall be vested in the National Executive Committee, which shall be composed of the National Commander, the National Vice Commanders, and one National Executive Committeeman and one alternate from each Department to be elected as such Department shall determine, the alternate to act only in the absence of the National Executive Committeeman.

Section 2. The term of office of such National Executive Committeemen and alternates shall be two years. The term of office of each National Executive Committeeman and alternate shall commence immediately upon the adjournment of the National Convention next ensuing after their election and shall end at the adjournment of the second next succeeding annual National Convention.

Section 3. Members of the National Executive Committee shall be delegates to the National Convention with vote, which vote shall be exercised with their respective Departments, except that the vote of the National Commander shall be exercised only in his capacity as chairman of the National Convention.

ARTICLE VIII

DEPARTMENT ORGANIZATION

Section 1. Departments shall be chartered by the National Executive Committee and shall be composed of the Posts within their respective areas, and such other Posts as the National Executive Committee may approve. Each Department charter shall be signed by the National Commander and National Adjutant.

Section 2. Each Department shall have a Department Commander, one or more Department Vice Commanders, a Department Adjutant and a Department Executive Committee, and may have a Chaplain and such other officers as the Department shall determine.

Section 3. Departments shall have authority to create intermediate bodies between the Posts and Department to act as a liaison between such organizations and for the purpose of promoting the programs of The American Legion.

Section 4. The Department Executive Committee shall define the powers of such intermediate groups, but in no event shall such powers invade the prerogatives now vested either in the Post or Department or National Organization.

Section 5. Such intermediate bodies now existing within the Departments and heretofore authorized or recognized by such Department are hereby officially recognized to the extent of the powers herein granted.

ARTICLE IX

POST ORGANIZATION

Section 1. Those who desire to form a Post shall make application for a temporary charter to the Commander of the Department in which they reside. The temporary charter shall be issued by the National Commander and National Adjutant upon receipt of the application properly executed by the charter members of the projected Post, but only when such application is approved by the Commander of the Department or by the Department Executive Committee.

Section 2. The minimum membership of a Post shall be determined by the Executive Committee of the Department in whose area it lies.

Section 3. No Post shall be named after any living person.

Section 4. A temporary charter shall be granted and shall state that it is granted on the recommendation of the Department and on the following terms and conditions:

1. All acts heretofore duly and properly taken for the formation of the above named Post are recognized and confirmed by the National Executive Committee.

2. The above named Post shall uphold the declared principles of The American Legion and shall conform to and abide by the regulations and decisions of the Department and of the National Executive Committee, or other duly constituted national governing body of The American Legion.

3. This charter is subject to revocation by the National Executive Committee on the recommendation of the Department, or by such authority that may hereafter be established by the National Convention.

Section 5. After a temporary charter has been in effect for a probationary period of at least ninety days, application for a permanent charter may be made. Such probationary period shall not exceed one year upon the termination of which the Department shall determine whether or not a permanent charter shall be issued or denied and the action of the Department shall be final.

Section 6. All charters shall be countersigned by the Commander and the Adjutant of the Department.

Section 7. Each Department may prescribe the Constitution of its Posts. Permanent charters may be suspended, cancelled or revoked by the Department Executive Committee as provided in the By-Laws.

ARTICLE X

FINANCE

Section 1. The revenue of The American Legion shall be derived from annual membership dues and from such other sources as may be approved by the National Executive Committee.

Section 2. The amount of such annual dues shall be determined by each National Convention for the ensuing year.

Section 3. The annual dues shall be collected by each Post and transmitted promptly through the Department to the National Treasurer. Departments are designated agents for collection for The American Legion with respect to such annual dues and upon the receipt thereof shall remit them promptly to The American Legion. In no event shall the period transpiring between the receipt of such annual dues by a Department and the remittance thereof to The American Legion exceed thirty (30) days.

Section 4. Annual dues shall be payable October 20 of each year, for the succeeding calendar year.

ARTICLE XI

DISCIPLINE

Section 1. The National Executive Committee, after notice and a hearing before a subcommittee as hereinafter provided, may cancel, suspend or revoke the charter of a Department for any good and sufficient cause to it appearing.

Section 2. The National Executive Committee may designate, appoint and authorize a subcommittee to hear and try and make written findings of fact and recommendations with reference to the matter of the cancellation, suspension or revocation of the charter of any Department of The American Legion after said Department shall have received due and proper notice of said hearing and trial. Said subcommittee shall make its written findings and recommendations to the National Executive Committee for its approval or rejection, and the action of said National Executive Committee upon such findings and recommendations shall be final and conclusive.

Section 3. The hearing and trial of any cause involving the cancellation, suspension, or revocation of the charter of any Department in The American Legion shall be had and held under rules of procedure to be adopted by the National Executive Committee.

Section 4. Upon suspension of the charter of any Department of The American Legion, the National Executive Committee is authorized, empowered and directed, by and through its duly authorized agents, to take possession, custody and control of all of the records, property and assets of and belonging to such Department, and to provide for the government and administration of such Department during said suspension.

Section 5. Upon cancellation or revocation of the charter of any Department of THE AMERICAN LEGION, the National Executive Committee is authorized, empowered and directed, by and through its duly authorized agents, to take possession, custody and control of all of the records, property and assets of such Department, and to take all necessary and proper steps and proceedings to conclude and close the affairs of such Department, and said National Executive Committee may provide for such continued recognition and activities of Posts in said Departments as it may deem proper.

ARTICLE XII

CHANGE OF RESIDENCE

Section 1. Any member in good standing in a Post removing from his Department shall be entitled to a certificate from his Post stating his membership and the duration thereof.

ARTICLE XIII

AUXILIARIES

Section 1. The American Legion recognizes an auxiliary organization, known as the American Legion Auxiliary.

Section 2. Membership in the American Legion Auxiliary shall be limited to the mothers, wives, daughters, sisters, granddaughters, great-granddaughters and grandmothers of members of The American Legion, and to the mothers, wives, daughters, sisters, granddaughters, great-granddaughters and grandmothers of all men and women who were in the Armed Forces of the United States during any of the following periods: April 6, 1917, to November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; February 28, 1961, to May 7, 1975; August 24, 1982, to July 31, 1984; December 20, 1989, to January 31, 1990; August 2, 1990, to the date of cessation of hostilities as determined by the Government of the United States; all dates inclusive, or who, being citizens of the United States at the time of their entry therein, served on active duty in the Armed Forces of any of the governments associated with the United States during any of said periods, and died in the line of duty or after honorable discharge; and to those women who of their own right are eligible for membership in The American Legion.

Section 3. The Auxiliary shall be governed in each Department of The American Legion by such rules and regulations as may be prescribed by the National Executive Committee and thereafter approved by such Department of The American Legion.

ARTICLE XIV

RATIFICATION

Section 1. All acts performed and charters heretofore granted by the temporary organization to The American Legion are hereby ratified and confirmed.

ARTICLE XV

AMENDMENTS

Section 1. The Constitution may be amended at any National Convention by a vote of two-thirds of the total authorized representation thereat, provided that the proposed amendment shall have been submitted through the National Adjutant to the several Departments and members of the National Executive Committee by mailing same to them at least twenty (20) days prior to the convening of the next National Convention; any such proposed amendment may be amended without further notice by a two-thirds vote of the total authorized representation thereat, provided it does not increase the modification proposed by the amendment and it has received the approval of the Convention Committee on Constitutional Amendments; and, provided further, it may be amended by unanimous vote at any National Convention without notice.

Section 2. That no proposed amendment shall be submitted through the National Adjutant to the several Departments and members of the National Executive Committee, as provided in Section 1 of this article, unless said proposed amendment shall have been first submitted by a Department Convention, Department Executive Committee, or the National Executive Committee.

ARTICLE XVI

NATIONAL INCORPORATION

This Constitution is adopted conformably to the Act of Congress of the United States of America of September 16, 1919, and all amendatory acts thereto.

ARTICLE XVII

In the event the Congress of the United States shall amend the eligibility clause in the Act creating The American Legion, this Constitution shall be deemed amended in conformance therewith, but subject to all consistent limitations and restrictions in this Constitution contained.

BY-LAWS OF THE AMERICAN LEGION

ARTICLE I

NATIONAL EXECUTIVE COMMITTEE

Section 1. In case of death, resignation or removal by his respective Department of any National Executive Committeeman or alternate to the National Executive Committee, the successor shall be selected as such Department shall determine and shall serve for the remainder of such unexpired term.

Section 2. The National Executive Committee shall meet within twenty-four hours before and after each National Convention and within forty-five days following its adjournment, provided however, that the National Commander shall have authority to extend said forty-five-day period for sufficient reasons to him appearing, upon approval by the National Executive Committee, and in May of each year. Special meetings may be held upon reasonable notice at the call of the National Commander. The National Commander shall call a meeting of the National Executive Committee upon the written request of National Executive Committeemen from fifteen or more Departments.

Section 3. Twenty-five members shall constitute a quorum of the National Executive Committee.

Section 4. The National Commander shall name such committees as he shall deem advisable, subject to ratification by the National Executive Committee at its next meeting succeeding the appointment.

Section 5. The National Executive Committee shall appoint, upon nomination by the National Commander, a National Finance Commission to be composed of seven (7) members. Of the seven members appointed following the National Convention (1945) at which this amendment is adopted, two shall be appointed to serve for a term of one year, two shall be appointed to serve for a term of two years, and three shall be appointed to serve for a term of three years; thereafter each succeeding appointee shall serve for a term of three years or until removed by the majority vote of the National Executive Committee. The National Commander and the National Treasurer shall be ex officio members of said commission and the National Adjutant shall be ex officio secretary of the said commission. The National Finance Commission shall be charged with the preparation of the yearly budget and the handling of funds under that budget, and such other duties as shall be prescribed by the National Executive Committee, subject to the approval of the National Executive Committee.

Section 6. There shall be the following standing commissions: National Americanism Commission, National Commission on Children and Youth, National Convention Commission, National Economic Commission, National Finance Commission, National Foreign Relations Commission, National Internal Affairs Commission, National Legislative Commission, The American Legion Magazine Commission, National Public Relations Commission, National Veterans Affairs and Rehabilitation Commission, National Security Commission.

The commissions shall consist of such number of members of The American Legion as the National Executive Committee may from time to time determine. Appointments to such commissions shall be made by the National Executive Committee upon nomination by the National Commander. The National Executive Committee is empowered to assign duties and responsibilities to all standing commissions and committees and to group standing committees with commissions for the purpose of efficient supervision and coordination of activities.

Section 7. The National Executive Committee shall provide for the appointment and employment of such subordinate officers and employees as may be needed for the administration of the affairs of The American Legion, and prescribe their duties and emoluments.

Section 8. All questions affecting the election, eligibility and conduct of national officers shall be referred to and determined by the National Executive Committee. All questions affecting the election, eligibility and conduct of the National Executive Committeeman from any Department, or of Department officers, or members of Department Executive Committees, shall be referred to and determined by the Executive Committee of the Department involved, which shall be the final authority thereon.

ARTICLE II

DUTIES OF OFFICERS

Section 1. National Commander: The National Commander shall be the executive head of The American Legion with full power to enforce the provisions of the National Constitution, National By-Laws, and the will of the National Convention. He shall be the chairman of the National Convention and the National Executive Committee. He shall perform such other duties as are usually incident to the office.

Section 2. National Vice Commanders: The National Vice Commanders shall act as representatives of the National Commander on all matters referred to them by him, and shall, on his request, preside over the meetings of the National Convention or National Executive Committee, and perform such other duties as are usually incident to the office.

Section 3. National Adjutant: The National Adjutant shall be charged with the administration of the policies and mandates of the National Convention, the National Executive Committee, and of the National Commander. He shall perform such other duties as are usually incident to the office. He shall also be authorized, in event of the death or resignation of the National Commander, to summon the National Executive Committee for the election of a successor, and in event the National Adjutant shall fail, refuse or neglect, within fifteen days after said death or resignation, to issue a call for said meeting of the National Executive Committee to be held within thirty days after said death or resignation, then said meeting for the purpose of electing a successor may be held upon the written demand therefore signed by representatives from fifteen or more Departments, giving fifteen days’ notice thereof.

Section 4. National Treasurer: The National Treasurer shall be the custodian of the funds of the National Organization. He shall sign all checks disbursing the funds of the National Organization, and shall make reports upon the condition of the national treasury when called for by the National Commander. The National Treasurer shall furnish a surety bond as hereinafter prescribed. He shall perform such other duties as are usually incident to the office.

Section 5. National Judge Advocate: The National Judge Advocate shall advise the national officers and the National Executive Committee on all legal matters, including the construction and interpretation of the National Constitution and By-Laws, and shall perform such other duties as are usually incident to the office.

Section 6. National Chaplain: The National Chaplain shall perform such divine and nonsectarian services as may be necessary, adhering to such ceremonial rituals as may be recommended by National Headquarters from time to time.

Section 7. National Historian: The National Historian shall collect from year to year all records and data of value and interest for the National Headquarters of The American Legion, and shall compile during his term of office a complete history of the year’s activities. He shall also assist Department and Post historians so as to coordinate and unify the work of these officials, and shall have such other duties as the National Executive Committee shall prescribe.

ARTICLE III

CHARTERS

Section 1. The Department Executive Committee may suspend, cancel or revoke a Post Charter. The action taken by the Department Executive Committee shall be final and conclusive unless an appeal is taken to the National Executive Committee within thirty days from the date of said suspension, cancellation or revocation. The action taken by the National Executive Committee upon appeal shall be final.

Section 2. Any Post failing to meet the obligations imposed upon it by the Constitution and By-Laws, or ceasing to function for six months as an American Legion Post, or voluntarily ceasing to function as a Post, or merging with one or more other Posts, or refusing to pay the Department and National per capita dues, or under such other conditions as might make such action necessary shall, upon order of the Department Executive Committee, surrender its charter for cancellation. Upon failure to surrender such charter, immediate steps may be taken for its revocation, suspension or cancellation.

Section 3. Upon revocation, cancellation or suspension of the charter of a Post in any Department of The American Legion, said Post shall immediately cease operations and upon revocation or cancellation shall turn over its charter to its Department Commander or Department Executive Committee, and the Department Executive Committee is authorized, empowered and directed by and through its duly authorized agent to take possession, custody and control of all the records, property and assets of said Post; provided, however, that nothing herein shall be construed as requiring any Department to take over or assume any financial responsibility as to such property. Said Department Executive Committee may provide for the transfer of the members in said Post to other Posts of their choice, subject to the approval of such other Post.

Section 4. The National Executive Committee shall provide a uniform code defining the procedure to be followed in the revocation, cancellation or suspension of Post charters and providing for a method of appeal and further providing a code of procedure for the revocation, cancellation or suspension of Department charters with continuing power to revise said code, provided, however, that the procedure now in effect shall continue until such code is so adopted.

ARTICLE IV

DISCIPLINE OF POST AND POST MEMBERS

Section 1. Each Post of The American Legion shall be the judge of its own membership, subject to the restrictions of the Constitution and By-Laws, except that no person who is a member of an organization which has for its aim the overthrow of the United States Government by force or violence, or who subscribes to the principles of any group opposed to our form of government, shall be eligible to become or remain a member of The American Legion.

Section 2. Members may be suspended or expelled from the Legion only upon a proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of The American Legion. All charges must be made under oath in writing by the accusers, and no member in good standing shall lose his membership until given a fair trial by the Post or Department in such manner and form as the Department By-Laws and Department Executive Committee shall prescribe.

Section 3. Any member who has been suspended or expelled has the right of appeal to his Department Executive Committee, or to the Department Convention, according to the provisions in the By-Laws of such Department. The decision of the Department shall be final.

Section 4. A member whose dues for the current year have not been paid by January first shall be classed as delinquent. If his dues are paid on or before February first, he shall be automatically reinstated. If he is still delinquent after February first, he shall be suspended from all privileges. If he is still under such suspension on June thirtieth of such year, his membership in The American Legion shall be forfeited. A member so suspended or whose membership has been so forfeited may be reinstated to active membership in good standing by vote of the Post and payment of current dues for the year in which the reinstatement occurs. Provided, however, that the Posts, Departments and the National Organization may waive the provisions hereof, upon payment of dues for the year in which reinstatement occurs, with reference to former members who have been prevented from the payment of dues by reason of active military service.

ARTICLE V

MEMBERSHIP

Section 1. Membership in The American Legion is membership in the National Organization of The American Legion by affiliation with Posts.

ARTICLE VI

MONIES AND COLLECTIONS

Section 1. All National, Department and Post officials handling The American Legion monies shall be properly bonded with a good and solvent bonding and surety company, as surety, to cover double the average amount of money handled in a single year. In case of delinquencies in the payments of amounts due Department or National Headquarters, action shall be taken at once by the proper officials to bring about a speedy and complete settlement. The bonds provided by national officials shall be approved by the National Judge Advocate and the National Executive Committee, and those provided by the Department officials shall be approved by the Department Judge Advocate and the Department Executive Committee, and those provided by the Post officials shall be approved by the Post Legal Officer and the Post Executive Committee, or such other official or officials as the Department may designate.

Section 2. National Headquarters shall, should it be deemed advisable, detail special auditors to investigate the membership roll and financial statement of any Department, and should that Department so desire, assist in a similar audit of Posts within that Department.

ARTICLE VII

TRANSFER OF POSTS

Section 1. Posts of The American Legion formed within units of the Army, Navy, Marine Corps or other organizations liable to transfer from one place to another, and which are organized under the Department in which they are then located, may transfer to another Department in a manner similar to the transfer of individuals from one Post to another.

Section 2. Any existing Post in the territorial or insular possession of the United States or in foreign countries, which is not under the jurisdiction of a present existing Department, shall within one year following the adoption hereof, unless extended by the National Executive Committee, request the National Executive Committee to place it under the jurisdiction of a Department to be selected by such Post. Said request shall have attached thereto the formal consent of such Department. Should a Post fail or refuse to make such request or be unable to obtain the consent of a Department, then the National Executive Committee shall designate the Department.

ARTICLE VIII

AMENDMENTS

Section 1. These By-Laws may be amended at any National Convention by a vote of two-thirds of the total authorized representation thereat, provided that the proposed amendment shall have been submitted through the National Adjutant to the several Departments and members of the National Executive Committee by mailing same to them at least twenty (20) days prior to the convening of the next National Convention; any such proposed amendment may be amended without further notice by a two-thirds vote of the total authorized representation thereat, provided it does not increase the modification proposed by the amendment and it has received the approval of the Convention Committee on Constitutional Amendments; and, provided further, it may be amended by unanimous vote at any National Convention without notice.

Appendix to the Constitution and By-Laws

Amendments to the Charter of The American Legion enacted by Congress, October 29, 1942, Public Act 767; July 9, 1946, Public Act 495; December 28, 1950, Public Act 895; June 26, 1953, Public Act 80; July 26, 1955, Public Act 178; September 1, 1966, Public Act 89-550; December 27, 1974, Public Act 93-557; August 17, 1978, Public Act 95-346; December 21, 1979, Public Act 96-155; October 30, 1990, Public Act 101-478; December 3, 1991, Public Act 102-179; November 20, 1997, Public Act 105-110; August 12, 1998, Public Act 105-225; November 3, 1998, Public Act 105-354; December 2, 2002, Public Act 107-309.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act entitled “An Act to Incorporate The American Legion,” approved September 16, 1919 (41 Stat. 285, Title 36, U.S.C., Sec. 43, amended to Title 36, U.S.C., Sec. 21702), is hereby further amended to read as follows:

ORIGINAL SECTION

Sec. 3. That the purpose of the corporation shall be: To promote peace and good will among the peoples of the United States and all the nations of the earth; to preserve the memories and incidents of the Great War of 1917-1918; to cement the ties of love and comradeship born of service; and to consecrate the efforts of its members to mutual helpfulness and service to their country.

AMENDED SECTION

“Sec. 21702. That the purpose of this corporation shall be: To uphold and defend the Constitution of the United States of America; to promote peace and good will among the peoples of the United States and all the nations of the earth; to preserve the memories and incidents of the two World Wars and the other great hostilities fought to uphold democracy; to cement the ties and comradeship born of service; and to consecrate the efforts of its members to mutual helpfulness and service to their country.”

That section 5 of such Act of September 16, 1919 (41 Stat. 285, Title 36, U.S.C., Sec. 45, amended to Title 36, U.S.C., Sec. 21703) is hereby further amended to read as follows:

ORIGINAL SECTION

Sec. 5. That no person shall be a member of this corporation unless he served in the naval or military service of the United States at some time during the period between April 6, 1917, and November 11, 1918, both dates inclusive, or who, being citizens of the United States at the time of enlistment, served in the military or naval services of any of the governments associated with the United States during the Great War.

AMENDED SECTION

“Sec.21703. That no person shall be a member of this corporation unless such person has served in the naval or military services of the United States at some time during any of the following periods: April 6, 1917, to November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; February 28, 1961, to May 7, 1975; August 24, 1982, to July 31, 1984; December 20, 1989, to January 31, 1990; August 2, 1990, to the date of cessation of hostilities as determined by the Government of the United States; all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served in the military or naval service of any of the governments associated with the United States during said wars or hostilities: Provided, however, that such person shall have an honorable discharge or separation from such service or continues to serve honorably during or after any of the aforesaid terminal dates.”

NEW POSTS

How to Form a Post

Some Legionnaire or eligible veteran must take the lead if a new Post is to be successfully launched. There must be a definite need for a Post and there must be an interest developed among the ex-servicemen and women that The American Legion can best meet this need.

When the Department-prescribed minimum number of eligible veterans have decided upon forming a new Post, and have the go-ahead from the county or District and Department organizations, the time and place of an organizational meeting should be determined. It is important editors of local papers be informed of the meeting some time in advance and proper publicity obtained. Handbills may be printed and Posted to advertise the meeting.

Post Charter

Application forms for chartering a new Post of The American Legion may be obtained from Department headquarters. (Directions for organizing a new Post will be found below.) A temporary charter is issued at first. When the founders have demonstrated their ability to maintain a Post over a period of not less than 90 days and have developed an efficient organization for furthering the work and

ideals of The American Legion, they are eligible to receive a permanent Post charter. Application forms

for permanent charter may be obtained from Department headquarters.

A Post name must be adopted before a charter can be issued to a new Post. It is customary to adopt the name of some departed comrade and no more fitting memorial could be devised.

If the members do not wish to decide on a permanent name at the time the Post is organized, it is suggested that a temporary name be adopted (for instance, the name of the town or county); this can be changed by resolution of the Post body at the time application is made for permanent charter. (Copy of the resolution, attested by the commander and the adjutant, should be attached to each copy of the application for permanent charter).

When a Post adopts a new name after it has received its permanent charter, a new permanent charter bearing the new name may be obtained upon written request through Department headquarters. Such request should be accompanied by duly attested copies of the resolution adopting the new name and by surrender of the old charter.

If a Post loses its permanent charter through fire or other cause, a new one may be obtained by a written request to the Department headquarters. The request should include an explanation of the facts surrounding the loss and should be signed by the Post commander and attested by the Post adjutant.

Charters for Incorporated Posts

Departments or Posts, which have incorporated since issuance of their original charters, need to receive supplemental charters in their corporate capacity upon application to National Headquarters through regular American Legion channels. This brings in to conformity the legal incorporated status of the Post with its charter status so that the Post which has incorporated may avoid the issue of what is the proper name when dealing with the Internal Revenue Service.

Eligibility for Membership

See Article IV of the National Constitution (see “Constitution, National” in the index). Also see Simplified Eligibility Guide. Questions on eligibility matters may be referred to Department headquarters.

Organizational Meeting

A tentative draft should be made of a Post constitution before the organization meeting. (See “Post Constitution” in index) The person best fitted for the purpose among the organizers should call the meeting to order and outline its purposes, and should bring out the following facts:

(a) This meeting is called to organize a local Post of The American Legion.

(b) The American Legion has Posts in most county seats in America and many countries in the world.

(e) Any solder, sailor, marine, airman, nurse, WAC, WAVE or SPAR of the United States who served honorably between April 6, 1917, and November 11, 1918; December 7, 1941, and December 31, 1946; June 25, 1950, and January 31, 1955; February 28, 1961, and May 7, 1975; August 24, 1982, and July 31, 1984; December 20, 1989, and January 31, 1990; August 2, 1990, to the date of cessation of hostilities as determined by the Government of the United States; and men and women whose service began during one of those periods and remain in service, are admitted.

(f) Fifteen members are usually required for the formal application for a charter; however, the actual minimum is set by each Department.

(g) Dues should be set sufficiently high to cover anticipated administrative expenses and collected either before or at the organizational meeting. Dues are collected annually and include national, Department and, on occasion, District assessments.

The organizer should then call for nominations for a temporary chairman and secretary. These officers, being elected, will take charge of proceedings.

The suggested constitution should be discussed and the approved form adopted. Then the temporary chair should name a committee to consider a name for the Post. (No Post may be named in honor of a living person.) It is customary, but not necessary, to adopt the name of some local person who died in the World Wars, the Korean War, the Vietnam War, Lebanon, Grenada, Panama, or in the Persian Gulf; or use the names of a deceased veteran of each war.

A list should be taken of those present, including their full name, name of last organization with which they served (not a casual company), date of separation from the service and present local address; these facts to be kept for the permanent adjutant when elected.

The committee on a name for the Post should then report and a name be adopted. The temporary chair should then ask for nominations for the following officers:

Post Commander Post Finance Officer

Post Vice-Commander Post Historian

Post Adjutant Post Chaplain

Post Service Officer Post Sergeant-at-Arms

The newly-elected officers should then assume their duties and the new commander should name at once the standing committees. The Membership Committee should be instructed to canvas for new members and should secure application blanks. All the original members, as well as new ones, should fill out these blanks as soon as they are available. Standard membership application blanks can be secured from the Departments or National Headquarters, if desired.

The original (white sheet) only of the application form for charter should then be signed by the minimum required by Department constitution. These forms may be secured from any Legion Post and from Department headquarters. It is preferable to have the officers sign first, in the order above named. When done, the form should be turned over to the newly-elected adjutant for recording the same names and addresses by typewriter on the remaining two copies. All three copies should then be signed by the Post commander, attested by the adjutant, and, together with an amount covering the dues of the Department and the national organization for all names appearing on the application, be forwarded to the Department headquarters of the state.

Adjournment.

Post Officers

The keynote of The American Legion is progress. Upon the Post depends the progress of the Legion, and upon the Post officers depends the progress of the Post. It is urged all Post officers fully realize this, and seriously familiarize themselves with the duties, responsibilities and opportunities of their position. Suggestions for their guidance are incorporated in this handbook.

An American Legion Activity Center

In most cases it is desirable that a Post have its own activity and service center in its own building. The first step is to establish a building fund, which once started should be added to constantly by systematic planning. In some towns there are not enough buildings to accommodate present and anticipated needs for business, shops, apartments, etc. You may wish to consider the needs of your town and fashion a building plan to include sound provisions for rentals, club privileges, etc., which may pay off a loan in a reasonable length of time.

As a rule, building operations may be started when the fund accumulated is sufficient to pay for the site, clear of encumbrance, plus 10 percent of construction costs. This varies with credit conditions in the building trades; however, it is not advisable to start construction with less than that amount. Do not take on more than can be handled and remember that the larger the loan, the more interest required. The Post will do well to consult with financiers of integrity and be guided by their advice on both funding and building plans.

Where feasible under existing laws and regulations, Posts have found it an advantage to incorporate and market stock on a conservative plan. This method should never be used without complete investigation.

Properly planned, an American Legion service center, Post home or club will include features that make it a creditable community asset. The Auxiliary unit should be taken into consideration when building plans are approved.

The possession of a home is one of the best guarantees of permanence and progress an organization can have. It establishes the prestige of the organization in the community. It holds old members and attracts new ones. Soundly financed, it constitutes a source of revenue as well as a site of service and social activities. Once established in its own home, a Legion Post is in a position to benefit the community in many ways.

(See “American Legion Buildings, Centers” in index)

Delinquency, Resignation and Transfer

A concise statement of the national policy with reference to delinquency, resignation, transfer, etc., based upon the Constitution, By-Laws, national policy and decision of national judge advocates.

Delinquency

1. Legion membership is annual, the Legion year being from January 1 to December 31. Dues are payable October 20 in advance.

2. If dues are not paid by January 1 of each calendar year, the member becomes delinquent. If dues have not been paid by February 1, the member is suspended, but nevertheless a member with no privilege except that of reinstatement by vote of the Post and payment of dues; and dues not being paid, such membership continues for a period of five months, to June 30, at which time the member is dropped from the roll by constitutional mandate and the membership forfeited.

Resignation

1. A member may resign from the Post at any time while dues are paid and can thereafter join another Post as a new member, in which event the continuity of Legion membership is broken, and upon resignation the Post is not required to rebate any part or portion of the member’s dues.

Transfer

1. The only method of transferring from one Post to another so the continuity of the membership in the Legion is not broken is by formal transfer, which is available only to members in good standing.

2. A member of a Post may not move the membership to another Post and retain continuous membership without the formality of a transfer. Being a member of more than one Post at one time is a violation of the Constitution.

3. The right to transfer does not carry the right to be accepted by any Post.

4. On transfer there shall be no transfer of funds derived from dues, etc. The accepting Post shall recognize the fact of dues having been paid to the Post from which the transfer is effected and shall make no charge therefore, excepting only if the dues of the Post accepting the member are in excess of those from which the transfer is sought; then the accepting Post may collect from the transferring member the excess dues prorated from the date of the acceptance to the end of the current year.

5. In all instances where a member of The American Legion during a current year transfers from one Post to another after payment of the current year’s dues, the transferring Post shall retain said dues and shall have credit for such membership during the remainder of such year for which said dues were collected, but said transferred member shall be entitled to all of the benefits and assume all of the responsibilities of membership in the Post to which transfer is made, after such transfer is effected. (See “Transfer of Membership” in index)

Simplified Eligibility Guide

National policy requires that eligibility inquiries be submitted through the Department.

There is only one class of membership—honorary memberships are not authorized. In all doubtful cases, consult your judge advocate.

Constitutional Eligibility Requirements

ALL WHO SERVED IN THE ARMY, NAVY, MARINE CORPS, COAST GUARD OR AIR FORCE OF THE UNITED STATES ARE ELIGIBLE ONLY IF THEY HAVE THE FOLLOWING CONSTITUTIONAL QUALIFICATIONS:

“Any person shall be eligible for membership in The American Legion who was a member of the Army, Navy, Marine Corps, Coast Guard or Air Force of the United States and assigned to active duty at some time during any of the following periods: April 6, 1917, to November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; February 28, 1961, to May 7, 1975; August 24, 1982, to July 31, 1984; December 20, 1989, to January 31, 1990; August 2, 1990, to the date of cessation of hostilities as determined by the Government of the United States; all dates inclusive . . . provided, however, that such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service.”

(The language “or continued honorably after any of said periods” has reference to those remaining in service after the date terminal at which time eligibility may be established by all veterans having honorable active service during such periods, regardless of whether they have been discharged or stay on in the service).

Constitution Requirements with Reference to Allied Armies

“Any person shall be eligible for membership in The American Legion . . . who, being a citizen of the United States at the time of entry therein, served on active duty in the armed forces of any of the governments associated with the United States during any said periods; . . . provided, however, such service shall have been terminated by honorable discharge or honorable separation, or continued honorably after any of said periods; provided, further, that no person shall be entitled to membership who, being in such service during any of said periods, refused on conscientious, political or other grounds to subject himself to military discipline or unqualified service.”

(The word “citizen” requires full citizenship and one who had only made application for citizenship and had what is commonly known as “first papers” was not admitted to full citizenship at the time of entry into the service and therefore is not eligible. Only full citizenship prior to service with an allied army entitles one to membership. The attainment of U.S. citizenship subsequent to such service does not fulfill the requirement).

(Service in the allied forces is not restricted to the initial dates as given for service in U.S. Forces, but may have been at any time after the declaration of war by the particular government.)

(NOTE: Section 1, Article IV, of the National By-Laws provides:

Each Post of The American Legion shall be the judge of its own membership, subject to the restriction of the Constitution and By-Laws, except that no person who is a member of an organization which has for its aim the overthrow of the United States Government, by force or violence, or who subscribes to the principles of any group opposed to our form of government shall be eligible to become or remain a member of The American Legion.)

Dishonorable Discharge

When a veteran has proper wartime service, with honorable discharge, but received a discharge other than honorable by reason of a subsequent enlistment, if the later enlistment was outside to the ending dates of eligibility set forth in Article IV of the National Constitution of The American Legion, the person in question would be eligible, based on the first period of service which met the constitutional requirement. (The question of his acceptability being a matter of the Post under Section 1, Article IV, National By-Laws.)

If the subsequent enlistment was during a period of eligibility set forth in Article IV of the National Constitution of The American Legion and ended on other than a honorable discharge, would permeate the entire service for that period and would not be eligible for membership based on service for that period.

World War II

The Kansas City National Convention of The American Legion, held September 1942, and the Chicago National Convention, November 1945, authorized the amendment of the National Charter to include the eligibility dates covering World War II service (December 7, 1941, to September 2, 1945). Public Laws 767 and 495, approved October 29, 1942, and July 9, 1946, respectively, effected the change. The Miami Beach National Convention, August 1974, authorized the amendment of the National Charter to change the terminal eligibility date for World War II service to December 31, 1946, and Public Law 93-557, approved December 27, 1974, effected.

WORLD WAR II

SERVICE OPINION

Acceptability

(See Membership).........…………..........Discretionary

Active Duty (honorable discharge, constitutional

period)..............................................................Eligible

Aliens (Honorable active duty, U.S. Armed

Forces).................................................….........Eligible

Allies, Service with (If citizen of U.S. at time of

entry therein)...........................................….....Eligible

If U.S. citizenship acquired subsequent to

service)…......................................................Ineligible

American Field Service (Civilian status)..........Ineligible

American Volunteer Group, Chinese

Air Forces (Civilian status)..................….....Ineligible

Annapolis (See Naval

Academy)—Midshipmen..…...........................Eligible

Armed Guard (Navy)—(Naval personnel

manning defense ordinance, merchant vessels………….

………..................................................................Eligible

Army Corps, Women’s (See WAC’s)

(If active duty, honorable discharge).………...Eligible

Army Auxiliary Corps, Women’s (WAAC’s)........ .

...................................................................…....Ineligible

Army Reserve (Unless active duty).......……....Ineligible

Army Specialist Corps (Uniformed civilians;

abolished).................................................….Ineligible

Army Transport Service:

(unless granted veteran status).......……...….Ineligible

Masters and crews, civilian employees.....…Ineligible

Administrative group comprised of military

personnel on active duty for purpose of administering

troops being carried thereon…………….........Eligible

Army, United States

(Honorable active duty)..……..........................Eligible

Associate Membership

(See Membership)..……..............................Prohibited

Aviation Cadet (If active duty)……….................Eligible

Bad Conduct Discharge.....................………....Ineligible

Blue Discharge...........................................…...Ineligible

Canadian Forces, Service with (If active duty,

honorable termination, constitutional period and U.S.

citizenship time of entry)….............................Eligible

Certificate of Service, Army of the United States

(Form No. 280).……………............................Eligible

Chinese Air Forces, American Volunteer Group

(civilian status……………............................Ineligible

Civil Air patrol (Civilian status)....………........Ineligible

Civilian Technical Corps, The

(Civilian status)..........…………...............Ineligible

WORLD WAR II

SERVICE OPINION

Enlisted Reserve Corps (Unless active duty…..Ineligible

Field Service, American (Civilian status). Ineligible

Good Discharge...................................………....Eligible

Guards, Industrial...............................………...Ineligible

Honorable Discharge (Active duty,

constitutional period)...………........................Eligible

Honorary Membership..................……….......Prohibited

Inaptitude Discharge (if honorable

conditions).........................................……….Eligible

Indifferent Discharge............................………....Eligible

Industrial Guards..............................……….....Ineligible

Length of Service (Not a prerequisite)....…….....Eligible

Marine Corps, United States.................………...Eligible

Marine Corps Reserve (Unless active duty)..…Ineligible

Marine Corps, Women’s Reserve (If active

duty)..………...................................................Eligible

Marine Officers’ Training School.……...............Eligible

Maritime Service (Non-military)..........……….Ineligible

Membership:

Acceptability.………..............................Discretionary

Associate............................………..............Prohibited

Honorary........................................………..Prohibited

Posthumous ..............................…………...Prohibited

Merchant Marine(unless granted Veteran

status)……………………………….............Ineligible

If service between December 7, 1941-August 15,

1945, and have a discharge from the Coast Guard,

Navy or Army showing honorable service within

the delimiting dates.....................…............Eligible

Merchant Marine Reserve (USNR)—(Unless active

duty naval service).………………................Ineligible

West Point, Annapolis, Coast Guard Cadets……Eligible

National Guard (Unless active duty).………....Ineligible

Naval Academy (Annapolis) – Midshipmen…....Eligible

Naval Reserve, United States (Unless active

duty)………...................................................Ineligible

Naval Transportation Service (Unless granted

Veteran status).…………..............................Ineligible

Navy (Active duty).............………......................Eligible

Navy, “Armed Guard” (Naval personnel manning

defensive ordinance, merchant vessels)...........Eligible

Nurses, Army and Navy………...........................Eligible

Officers’ Candidate Schools (If member Armed

Forces)…………..............................................Eligible

Officers’ Reserve Corps (Unless active duty…Ineligible

Digest of Eligibility Opinions

SERVICE OPINION

Coast Guard (Active duty, honorable termination,

constitutional period)......……………….....Eligible

Coast Guard Academy (Cadets)........…….......Eligible

Coast Guard Beach Patrol (CGR)-(If active

Duty)……………........................................Eligible

Coast Guard, Industrial Guards (Reserve

temporary)…….........................................Ineligible

Coast Guard Reserve (Unless active

duty)..................…………………….........Ineligible

Coast Guard Reserve (Temporary-Unless full-time

active duty with pay)....……….................Ineligible

Coast Guard Reserve, Volunteer Port Security

Force…………..........................................Ineligible

Coast Guard, Women’s Reserve (SPAR’s) –

(If active duty).……….................................Eligible

Conscientious Objectors……........................Ineligible

Constitutional Period, Service Without...…..Ineligible

Continuous Service, Subsequent Cessation

Hostilities………….....................................Eligible

Disability, Discharged (If active duty,

honorable termination).…............................Eligible

Discharges:

Bad Conduct...............…………...............Ineligible

Blue.........................................…………..Ineligible

Certificate of Service, Army of the

Disability (If honorable)...........…………....Eligible

Dishonorable........................……………..Ineligible

Good......................................……………...Eligible

Honorable (Active duty)........……………..Eligible

Inaptitude:

Naval—Honorable conditions.......………..Eligible

Army—Honorable .......................………...Eligible

Army—Blue.............................……….....Ineligible

Indifferent ..........................................…….Eligible

Ordinary (Under honorable conditions……Eligible

Over-Age……..............................................Eligible

Special Order (Under honorable

conditions).........................................…...Eligible

Transfer to Enlisted Reserve Corps..……...Eligible

Undesirable.....................................……...Ineligible

Unfavorable....................................……...Ineligible

Unsuitability (Under honorable

conditions)…............................................Eligible

Employment, discharged to accept……......Eligible

Enemy Nations……......................................Ineligible

Digest of Eligibility Opinions

(continued)

SERVICE OPINION

Ordinary Discharge (Under honorable

conditions—Active duty).……....................Eligible

Over-Age (Discharged for).…….....................Eligible

Philippine Scouts...............................………...Eligible

Police, Auxiliary Military (Civilian status)...Ineligible

Posthumous Membership

(See Membership).…………...................Prohibited

Post Membership Honor Rolls—See NEC

resolution, #11 May 1967..........……….Authorized

Public Health Service, U.S. (Civilian

status)........................................……….....Ineligible

(If assigned active duty Armed Forces)......….Eligible

Reserve Corps Enlisted (Unless active

duty)............................................………...Ineligible

Reserve Officers (unless active duty)......…..Ineligible

Seabees (If active duty)..........................……..Eligible

Separation, Honorable (If active duty).......…..Eligible

Shipyard Workers (Civilian status)........…...Ineligible

SPARS (Coast Guard, Women’s Reserve)

—(If active duty)..........................………....Eligible

Special Order Discharge (Under honorable

conditions—if active duty)............………...Eligible

Transfer (Discharge for, to Enlisted Reserve

Corps)............................................………...Eligible

Transport Service, Army: Masters and crews,

civilian employees.………………………Ineligible

Administrative group, comprised of military pers-

onnel on active duty for purpose of administering

troops being carried thereon........................Eligible

Undesirable Discharge...........................……Ineligible

Unfavorable Discharge......................……....Ineligible

Unsuitability Discharge (Held issued under

honorable conditions—If active duty…..….Eligible

WAAC’s (Women’s Army Auxiliary Corps)—

(Civilian status—Abolished)……............ Ineligible

WAAC’s (Women’s Army Auxiliary Corps)

If served on or after May 1942...................Eligible

WAC’s (Women Army Corps)—(If active

duty)................................................……….Eligible

WASP (Women’s Air Force Service Pilots)

If Service between Sept. 10, 1942-Dec. 20,

1944.……………………………….............Eligible

WAVES (Women Accepted for Volunteer Emergency

Service)—(Naval Reserve-If active duty)…Eligible

West Point (Military Academy—Cadets)…....Eligible

ELIGIBILITY OF MERCHANT MARINE DECEMBER 7, 1941 - AUGUST 15, 1945

A January 19, 1988, decision of the Secretary of the Air Force granted veteran status, not just veterans benefits, to its members of the Merchant Marine and certain employees of the Army and Navy during the period December 7, 1941, to August 15, 1945. The Federal Government now considers such service to be “active duty” service. Affected individuals must apply for a Discharge or Certificate of Release. A DD Form 214 record of service will be issued which will show service in the Army, Navy or Coast Guard, depending on the service of the individual. In this case the individuals would be eligible and no action is needed by The American Legion. Often such DD Form 214’s will also show Merchant Marines as a component of one of the Armed Forces (e.g. Army, Navy, Coast Guard, Army Air Corps now Air Force, or Marines). Since The American Legion has never looked beyond active duty in one of the Armed Forces, the particular component does not affect membership eligibility.

Merchant Marine Flag [Resolution No. 3]

Resolved, By the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, October 8-9, 2003, that the commemorative Merchant Marine Flag be included as one of the official United States Auxiliary Service Flags; and be it further

Resolved, That The American Legion shall take steps to have the Merchant Marine flag included in all National Displays as an official United States Auxiliary Service Flag and to fly beside other Service flags of the Armed Forces as appropriate and in accordance with accepted protocol.

Korean War

The Los Angeles National Convention, The American Legion, October 1950, and the Washington, D.C., National Convention, August 30-September 2, 1954, authorized the amendment of the National Charter to include the eligibility dates covering the Korean War (June 25, 1950, to July 27, 1953). Public Laws 895 and 178, approved December 28, 1950, and July 26, 1955, respectively, effected the change. The Miami Beach National Convention, August 1974, authorized the amendment of the National Charter to change the terminal eligibility date for Korean War Service to January 31, 1955, and Public Law 93-557, approved December 27, 1974, effected to change.

Area where service performed is not a determining factor.

The two weeks’ annual training periods to not fulfill eligibility requirements, as such training periods represent nothing more than similar active duty excursions demanded from component branches of the Army during peacetime as well as during the period of hostilities.

One who was ordered to active duty for purposes of undergoing physical examination, subsequently returned to his home, reverting to inactive status, is not eligible.

Discharge Data

(November 1951)

FORMS FOR ARMY, NAVY, MARINE CORPS AND AIR FORCE

DD 256 (A) or (N) or (MC) or (AF) (White) Honorable ............................................................... Eligible*

DD 257 (A) or (N) or (MC) or (AF) (White) General ................................................................... Eligible*

DD 258 (A) or (N) or (MC) or (AF) (White) Undesirable ....................................................... Not Eligible

DD 259 (A) or (N) or (MC) or (AF) (Yellow) Bad Conduct ................................................... Not Eligible

DD 260 (A) or (N) or (MC) or (AF) (Yellow) Dishonorable ................................................... Not Eligible

DD 214 Report of Separation from the Armed Forces of the United States ................................ Eligible*

(If released to a civilian status, although still in the Reserves) ...................................................... Eligible*

DD 217 Certificate of Service (Reserve) ....................................................................................... Eligible*

DD 156A Honorable Discharge Armed Forces USA (Reserve) (Unless active duty) ................. Ineligible

*Honorable service during periods of eligibility.

Vietnam War

The 48th National Convention of The American Legion, August 30-September 1, 1966, Washington

D.C., and the 56th National Convention of The American Legion, August 20-22, 1974, and the 59th National Convention of The American Legion, August 23-25, 1977, authorized the amendment of the National Charter to include the eligibility dates covering the Vietnam War (August 5, 1964, to May 7, 1975), and Public Law 89-550, approved September 1, 1966, and Public Law 93-557, approved December 27, 1974, and Public Law 95-346, approved August 18, 1978, effected the change.

During the 61st National Convention in Houston, Texas (August 21-23, 1979), the convention passed a resolution to amend the Vietnam War dates to begin on December 22, 1961, pursuant to Congressional approval.

On December 21, 1979, President Carter signed into law S-1874. This became Public Law 96-155, which changes American Legion eligibility for the Vietnam War to be December 22, 1961-May 7, 1975.

The National Charter of The American Legion was amended by the delegates at the 79th National Convention, September 2-4, 1997, Orlando, Florida. This amendment requested a change to the beginning eligibility date for American Legion membership for the Vietnam War period to February 28, 1961. In late-November, 1997, United States Congressional approval through Public Law 105-110 effected this change.

Status of Those in Service Defined

With the establishment of a terminal date for Vietnam War service, eligibility for American Legion membership is extended to the individual who served on active duty during the Vietnam War (February 28, 1961, to May 7, 1975), and remained on active duty after the terminal date. (See Article IV, Section 1, National Constitution: “...or continued honorably after any of said periods...”)

Active Duty for Training Defined (ACDUTRA)

The situation regarding personnel who enter “active duty for training” – the so-called “six month enlistees” – is outlined in a letter addressed to National judge Advocate B. G. Davis by A. S. Sadove, Colonel, USA, Commanding, U.S. Army Reserve Components Personnel Center, Fort Benjamin Harrison, Indiana, dated November 14, 1966:

“At the present time individuals with no prior service may be enlisted to fill unit vacancies in the United States Reserve. These enlistments are accomplished under the Reserve Enlistment Program announced in 1963 (Public Law 88-110). The enlistment must be for a period of six years. Reservists enlisted under this program are required to perform an initial period of active duty for training with the active Army during which time they receive basic combat training and occupational specialty training… commonly referred to as ACDUTRA. As a minimum, each Reservist must perform at least four months on active duty for training. The maximum period of active duty for training depends upon the time required to fully qualify the Reservist to perform the occupational specialty and may exceed six months. The period during which a Reservist performs active duty for training is creditable as active Federal service in the same manner as for other soldiers…”

The matter of the eligibility for American Legion membership of the individual who has completed a period of “active duty for training” and been issued a Form DD214 to show honorable separation from service revolves around the question of whether the “active duty,” as used in Section 1 of Article IV of the National Constitution of The American Legion, included “active duty for training.” Title 10, United States Code Annotated Section 101, Subparagraph (22) states:

“‘Active duty’ means full-time duty in the active military service of the United States. It includes…full-time training duty…(In clause (22), the definition of ‘active duty’ is based on the definition of “active duty for Federal service’ in the source statute, since it is believed to be closer to general usage than in the definition in 50 U.S.CA. 901(b).”

The then National Adjutant of The American Legion in a general information memorandum dated September 9, 1966, explaining the eligibility changes resulting from the action of the 48^th National Convention, stated:

“Upon the conclusion of the period of training, the six-month enlistees are normally transferred to the Active Reserve and at that time will normally receive a Form DD214 (Report of Separation from the Army of the United States). This form if showing the termination of any period of honorable service on or after August 5, 1964 (now February 28, 1961), may be accepted as evidence of eligibility for membership.”

The weight of evidence indicates that, for purposes of eligibility for membership in The American Legion, the term “active duty” as used in the National Constitution of The American Legion, includes “active duty for training” as performed under Public Law 88-110, and in each case referred to National Judge Advocate B. G. Davis, the September 9, 1966, announcement by the National Adjutant has been found valid.

Two-week National Guard Training

Training periods in the National Guard – usually of two weeks duration – or other periods of service with the National Guard do not meet eligibility requirements unless the Guard unit was federalized and the individual’s separation papers record a period of active duty in the military forces of the United States.

Lebanon and Grenada

The 72nd National Convention of The American Legion, August 28-30, 1990, Indianapolis, Indiana, authorized amendment of the National Charter to include the eligibility dates covering the United States operations in Lebanon (August 24, 1982, to July 31, 1984) and Public Law 101-478, approved October 30, 1990, effected the change. This time period included operations in Grenada.

Panama

The 72nd National Convention of The American Legion, August 28-30, 1990, Indianapolis, Indiana, authorized amendment of the National Charter to include the eligibility dates covering the United States operations in Panama (December 20, 1989, through January 31, 1990) and Public Law 101-478, approved October 30, 1990, effected the change.

Gulf War

The 73rd National Convention of The American Legion, September 3-5, 1991, Phoenix, Arizona, authorized amendment of the National Charter to include the eligibility dates covering Persian Gulf Operations and Public Law 102-179, approved December 3, 1991, effected the change. The time period for Persian Gulf operations, as stated in the National Constitution, is “August 2, 1990, to the date of cessation of hostilities as determined by the Government of the United States.” When the date of cessation of hostilities is determined by the United States Government, The American Legion expects to be informed and will transmit the information.

Place of Service Not a Consideration

As in the past, place of service is not a consideration in the determination of eligibility. Although reference is frequently made to the Vietnam veteran, service in Vietnam is not a requirement of membership.

Active Duty Is Required

Since the language used in changing the Legion’s Charter and National Constitution was exactly the same as used in the past, the basic requirement as a condition of eligibility has not changed in any respect since WWI—active duty in the military forces during a defined period of hostilities. This requirement was stated succinctly by then National Judge Advocate R. A. Adams in a letter dated March 20, 1925;

“...service is the test, subject to the fact that the ex-serviceman was not dishonorably discharged.”

This statement was made in connection with a ruling made by the Judge Advocate at that time that those enrolled in the United States Military Academies during World War I were eligible for American Legion membership without regard to whether any other service was performed, or even whether the individual completed training at the Academy. In the specific case in which this ruling was made, the individual had terminated training at the Military Academy by a letter of resignation. The Judge Advocate’s decision at that time was supported by a statement made by the Judge Advocate General of the Army three years earlier that “service at the military academy is service in the Army.” The Judge Advocate General of the Army had cited as his authority the case of U.S. vs. Morton, 112 U.S. 1. Thus, from the very beginning of The American Legion, the test of eligibility has been whether the individual was actually in military service on active duty during defined periods and whether that service was either terminated honorably or continued after the period of hostilities had ended.

Length of Service Not a Requirement

There is no requirement as to length of service. National Judge Advocate B. G. Davis, in a letter dated October 26, 1966, wrote:

“...there is no limitation placed on the length of the individual’s service. If the individual served one day on active duty as a member of the Armed Forces on or after August 5, 1964 (now February 28, 1961), and has received an Honorable Discharge or separation; or served on active duty as a member of the Armed Forces during any of the delimiting periods set forth in Article IV, Section 1 of the National Constitution, and is still on active duty, he is eligible for membership in The American Legion.”

A minimum of 90 days’ service is necessary to qualify for some veterans’ benefits, and 181 days for others. However, eligibility for veterans’ benefits is not a criterion of eligibility for American Legion membership.

National Guard & Reserve Eligibility

The National Guard and Reserves are required to meet the same eligibility requirements as the full time federal active veterans. To be eligible, the National Guardsman/Reservist must have served at least one day on federal active duty during any of the delimiting periods set forth in Article IV, Section 1 of the National Constitution, and either have an honorable discharge or currently be serving either in the Guard/Reserve or on federal active duty.

The key to determining if a Guardsman/Reservist has been on or currently serving on federal active duty is the “Authority Line” on the activation orders of the Guardsman/Reservist. In both cases “Title 10, Subsection 672 or 12301” are orders from the Secretary of Defense and are federal orders.

The authority the Governor uses to activate the National Guard as an individual or unit is “Title 32” orders, i.e. Weekend Drills and Annual Training. These are not federal orders. The Reserves have similar reserve orders which are “Title 10, Subsection 270.” This authority code gives the reserve component the authority to activate the reserves for Weekend Drills and Annual Training.

Use the chart below when determining eligibility for National Guard and Reserves.

ELIGIBLE NON-ELIGIBLE

National Guard Title 10 Subsection 672 Title 32

or 12301*

Reserves Title 10 Subsection 672 Title 10 Subsection 270

or 12301*

This information was taken from Military Law Chapter 39.

*This Subsection was created following Desert Storm to replace 672.

Note: A DD-214 will be issued for the time on federal active duty or a DA-1059 for a completion of a school will be issued with a character type of discharge. All Reserve components send their service members to “Basic Training” using Title 10, Subsection 672/12301 orders.

Clemency Discharges

In response to a recommendation submitted by the 1974 National Conference of Department Commanders and Adjutants, National Judge Advocate B. G. Davis issued the following opinion:

“After having reviewed the Proclamation of the President of the United States released on September 16, 1974, it is my opinion that a clemency discharge will not satisfy the eligibility criteria for membership in The American Legion. Article IV, Section 1, of the National Constitution requires that the individual seeking membership in The American Legion must, inter alia, have an honorable discharge or honorable separation from military service or his service must have continued honorably after any of the delimiting periods set forth in the above cited article and section. A clemency discharge does not meet this criteria.”

Temporary Duty

During the Vietnam War, it was the practice of the Air Force to call members of the Air National Guard to duty for temporary periods, frequently for no more than 10 days. The call is made with the consent of the individual and of the Governor of the state concerned. The duty usually involves flying Air Force cargo from the United States to Southeast Asia. Correspondence with the Chief of the National Guard Bureau, Washington, D.C., has established that duty of the type outlined herein is included in the term of “active duty,” in the sense that it is full-time duty in the active military service of the United States. Upon the completion of such duty, as evidence by the issuance of a Form DD-214 or other evidence of honorable separation, the individual is eligible for membership in The American Legion, provided, of course, that any part of the duty occurred between February 28, 1961, and May 7, 1975.

Discharge Data

(Vietnam War) and (Later Periods)

FORMS AIR COAST MARINE

NOS. ARMY FORCE GUARD CORPS NAVY

Honorable DD256 (A) or (AF) or (CG) or (MC) or (N) (White) Eligible *

Reg. & Res.

(UHC) (under

Honorable

conditions) DD257 (A) or (AF) or (CG) or (MC) or (N) (White) Eligible*

(UTH)

(under other

than Honorable

conditions) DD258 (A) or (AF) or (CG) or (MC) or (N) (White) Not Elig.*

Bad Conduct DD259 (A) or (AF) or (CG) or (MC) or (N) (Yellow) Not Elig.*

Dishonorable DD260 (A) or (AF) or (CG) or (MC) or (N) (Yellow) Not Elig.*

Certificate of

Service DD217 (AF) Eligible

(REPORT OF DD214 (A) or (AF) (MC) or (N) Eligible

TRANSFER

(OR DISCHARGE

(ARMED FORCES OF THE

(UNITED STATES (if released to a civilian status, although still in the reserves)

*Honorable service during periods of eligibility.

U.S. Military, Naval, Air Force or Coast Guard Academies

B. G. Davis, National Judge Advocate, ruled on March 6, 1978, that “Cadets who served at the U.S. Military, Naval, Air Force or Coast Guard Academies during any of the delimiting periods set forth under Article IV, Section 1 of the National Constitution and whose service has been honorably terminated those individuals are eligible for membership in The American Legion.” Chapter 1, Section 101 (21) Title 38, United States Code provides as follows: The term “active duty” means service as a cadet at the U.S. Military, Air Force or Coast Guard Academies or as a Midshipman at the U.S. Naval Academy.

Eligibility Matters Not Covered

Questions of eligibility not covered in the foregoing should be referred by Post Commanders to the Department Adjutant or the Department Judge Advocate. Should the Department Adjutant or the Department Judge Advocate be in doubt, an opinion and ruling may be requested from the National Judge Advocate.

Discharges Are Not Infallible

Discharges are not infallible as a test for membership, for many discharges were erroneously issued, and if clearly so, may be corrected on application to the appropriate Department in Washington.

If the discharge has been lost, an abstract of service may be procured from the appropriate Department.

Reconnect

Reconnecting America with her military was the driving force behind the Department of Defense establishing a Reconnect program several years ago. There was a perception America had lost touch with her fighting force of men and women. The American Legion was tasked with leading the way in rekindling that relationship.

Reconnect events can take many forms. Visiting Active Duty installations are the largest events, but simply visiting a local recruiting office, National Guard/Reserve unit, local military entrance processing station, or even a welcome home event, serves to reconnect local communities with their military.

The “Reconnect” program has been a great success in many Departments. Relationships are being formulated with many Active Duty, National Guard, and Reserve units. Visits and activities are continuing to flourish on active duty installations and with every conceivable portion of the total force. Local recruiting stations are still a viable source to get involved.

It is important to note that the Department of Defense has reconstituted the old “Reconnect” program and are now calling it “Operation Tribute to Freedom”. Information about the program can be found at their web site: http://www.defendamerica.mil/support_troops.html.

The American Legion has signed a Memorandum of Understanding with the United States Military Entrance Processing Command (USMEPCOM). This will help to establish contact with the 62 Military Entrance Processing Stations around the country. A list of MEP stations, and a copy of this memorandum can be requested through the Department from the National Internal Affairs & Membership Division.

A Memorandum of Understanding with the United States Army Recruiting Command (USAREC) has now been in effect for several years. This memorandum informs all levels of USAREC and The American Legion about our partnership and details ways we can assist. A list of Army Recruiting Commands and stations, and a copy of this memorandum can be requested through the Department from the National Internal Affairs & Membership Division.

Lists of Active Duty installations, National Guard Headquarters and some Reserve Commands, and Marine for Life Hometown Links are also available.

If Posts wish to get involved with the "Reconnect" Program, and/or need assistance, contact the Department.

Reconnecting can have positive results - Service first, Membership second.

Internet Information Links

The American Legion - http://www.legion.org

Corporate Gray - http://www.corporategray.com

DoD Job Search - http://www.dod.jobsearch.org

DoD Transportal - http://www.dodtransportal.org

Marine for Life - http://marineforlife.com

Military Children and Youth - http://mfrc.calib.com/mcy

Military Family Resource Center - http://mfrc.calib.com

Military Teens on the Move - http://dticaw.dtic.mil/mtom

Special Needs Network - http://mfrc.calib.com/snn

United States Department of Labor - http://www.dol.gov

National Military Family Association, Inc.

http://www.nmfa.org

Transition Assistance Online (TAOnline)

http://www.taonline.com/al

Military Assistance Program -

http://dticaw.dtic.mil/mapsite

United States Department of Veterans Affairs

http://www.va.gov

PARLIAMENTARY PROCEDURE

I Order of Business

II Motions

III Amendments

IV Nominations and Elections

V Courtesies in the Assembly

VI Parliamentarian

VII Authorized Business

Procedure

PARLIAMENTARY PROCEDURE is the application of parliamentary law to the conduct of an organization. It is wise for all leaders to familiarize themselves with the accustomed technique of conducting a meeting. While it is important that the members understand the fundamental rules of parliamentary procedure, this knowledge should be used only to insure order, to expedite business, and to develop an organization that will cleave to the objects for which it was organized. For a member constantly to raise points of order and to insist upon the strict observance of every rule in a peaceable assembly where there are members ignorant of these rules and customs is but to defeat the opportunity of gradually accustoming the membership of the proper observance of parliamentary procedure.

THE CONSTITUTION AND BY-LAWS of an organization contain specific rules for the conduct of its business. General rules and customs for orderly procedure in addition to these specific rules are commonly known as parliamentary law. These rules are needed to guide the deliberations of an organization in order to do the right thing in the right way at the right time, and to secure the best results with the least expenditure of time and effort. The underlying principles of parliamentary law are justice and courtesy to all, one thing at a time, the rule of the majority, and the right of the minority.

PARLIAMENTARY AUTHORITY—It is important for every organization to adopt some authority on parliamentary law, and for the members to be familiar with both the specific and the general rules of the organization. A copy of the by-laws should always be on the commander’s desk. Excellent books and small leaflets on parliamentary procedure have been written in simplified form and are available, but Roberts’ Rules of Order Revised is the accepted authority for The American Legion.

I. ORDER OF BUSINESS (IF NOT OTHERWISE PROVIDED IN BY-LAWS)

1. CALL TO ORDER—The commander taps once with the gavel and says, “The meeting will come to order (follow ritual; roll call). The adjutant will please read the minutes of the preceding meeting.”

2. MINUTES—After the minutes have been read by the adjutant, the commander asks, “Are there any corrections?” If none is made, “The minutes stand approved as corrected.”

3. TREASURER OR FINANCE OFFICER’S REPORT—The commander then calls for the treasurer’s report. After it has been read, the commander says, “If there are no questions or corrections, the report will be filed for auditing.” The Auditing Committee reports at such times as the by-laws provide.

4. EXECUTIVE COMMITTEE REPORT—In some organizations much of the routine business is taken care of by the Executive Committee. This committee submits a report of its meeting at each regular meeting of the organization for adoption by the membership. The Executive Committee may transact only such business as the membership authorizes, except where the by-laws give the committee power to act. This report might include the outstanding points in communications and committee reports submitted at the Executive Committee meeting, and presented to the organization for the information or the action of the group.

5. COMMUNICATIONS—These may include letters received, notice of the next meeting, and any matters of general interest to the organization, read by the adjutant.

6. STANDING COMMITTEE REPORTS—Standing committees are usually provided for in the by-laws and function throughout the year. The commander should have a list of the standing committees and call on each chair by name for reports according to plans previously made. If a report is made which contains merely a statement of opinion or facts, the commander says,

“If there are no objections, the report is accepted.” If it contains resolutions or recommendations for future action, a motion should be made by the reporting member “to adopt the resolutions or recommendations which may be amended in exactly the same manner as any main motion.”

7. SPECIAL COMMITTEE REPORTS—Special committees are appointed for special purposes and are automatically discharged when the special duties for which they were created are completed and their final report made to the organization. If there are any special committees to report, the commander says, “We will now hear the report of the special committee appointed to ***.” A motion to adopt the resolution or recommendations of the committee opens the report to discussion and amendment.

8. UNFINISHED BUSINESS—The commander next brings before the meeting any business Postponed from the previous meeting, or nay matters introduced at that meeting on which the action of the organization was not completed. A list of these unfinished matters should have been prepared from the minutes of the last meeting by the adjutant. Only when the unfinished business has been disposed of may new business be brought forward.

9. NEW BUSINESS—The commander then says, “Is there any new business to come before the meeting?” Communications and motions calling for action by the organization may then be presented and necessary action taken. This closes the business part of the meeting.

10. THE PROGRAM is then presented.

ADJOURNMENT—Members should remain seated and in order until the meeting is declared adjourned. The commander may, if desired, use the “common consent” motion to adjourn, etc., “If there are no objections, the meeting stands adjourned.” Formal adjournment is usually followed by a social hour. (Follow ritual.)

II. MOTIONS

Business is introduced by a motion, or by a resolution. The steps in making a motion and voting on it are as follows:

1. OBTAIN THE FLOOR—The member rises and addresses the presiding officer, as Mr. or Madame Commander, as the case may be and gives own name unless known by the commander. If the member is entitled to the floor, the chair repeats the name of the member. This recognition gives the member the right to speak.

It is out of order for another member to stand before the member speaking has finished, or to remain standing after another has been given the floor.

2. MAKE THE MOTION—The member then states the motion or offers a resolution; for example, “I move that we take action to secure a playground for this community.” In order to state a motion properly, members of the organization should become accustomed to using the words “I move that” when introducing a motion.

3. SECOND THE MOTION—If anyone wishes the matter discussed and voted upon, a member says, “I second the motion,” without rising or addressing the Chair. If no member seconds it, immediately the Chair, except in small assemblies, repeats the motion and asks, “Is the motion seconded?” In small assemblies, where every member has evidently heard the motion, instead of repeating the motion, the Chair may say, “You have heard the motion; is it seconded?” If the motion is not then seconded, the Chair may say, “There being no second, the motion is not before the assembly.”

(Note: Consult your parliamentary authority for the motions that do not require a second.)

4. STATE THE MOTION—After the motion is seconded, the Chair then states the motion; for example, “It has been moved and seconded that we take action to secure a playground for this community.” As this motion is debatable and amendable, the Chair should then immediately ask, “Are you ready for the question?” or “Is there any discussion?” If the motion is not debatable or amendable (consult your parliamentary authority on this point if in doubt), the Chair should then immediately put the question to vote.

5. DISCUSSION—After a motion has been stated by the Chair, it is before the assembly for consideration and discussion. Speakers to the motion must (1) be entitled to the floor, (2) address their remarks to the presiding officer, (3) be courteous in their language and Department, and avoid all personalities. The maker of the motion has the right to open and close the debate.

Speakers must observe the rules of the organization as to the number of minutes and number of times they may speak on a question. The maker of a motion may vote against, but not speak against, the motion. Discussion must relate to the immediately pending question.

(Note: Consult your parliamentary authority for the few exceptions by which a speaker may be interrupted after having been assigned the floor, also for the rules to guide the Chair when more than one person arises at the same time.)

6. PUT THE QUESTION—After sufficient opportunity has been given the debate, the Chair repeats the motion and says, “Are you ready for the question?” After waiting a moment, if no one claims the floor, the Chair then says, “All those in favor of the motion as stated, say aye. All opposed, say no.”

7. ANNOUNCE THE VOTE—The chair says, “The ayes have it, and the motion is adopted,” or “The noes have it, and the motion is lost,” as the case may be. In the event of a tie, the motion is lost unless the Chair votes in the affirmative in order to carry the motion. A tie loses because every question must be carried by at least a majority. If in doubt as to the result, the Chair calls for a rising vote, first for, and then against, the motion, asks the adjutant to count the votes, and then announces the results.

III. AMENDMENTS

After the question has been stated to the assembly by the presiding officer, it may be desirable to change it in some way. A member may rise, address the Chair, and after being recognized by the Chair, say, “I move to amend the motion by adding the words (with proper supervision) after the word (playground).” After the motion to amend has been seconded, and the motion repeated as it will read if amended so all may understand the effect the amendment will have on the main motion, the Chair then calls for remarks on the amendment.

The discussion is now upon the proposed amendment. After discussion is over, the Chair puts the question and calls for a vote on the amendment. For example, “The question is on adding the words (with proper supervision) to the motion we take action to secure a playground for this community. All those in favor of this amendment please say (aye), those opposed say (no).” After announcing the result of the vote on the amendment, the Chair will then restate the motion before the house, in its original form if the amendment has been lost, or as amended if the amendment has been carried and the vote is then taken upon the question in its final form (if no further amendments are offered).

An amendment may be offered in any of the following forms: “I move to amend by inserting,” or “adding” if at the end of the motion; “I move to amend by striking out and inserting,” or “by substituting” in case of any entire resolution, by-laws or paragraph.

Only one amendment of the first degree is permitted at a time when a motion or resolution is under consideration, but one amendment of that amendment—that is, an amendment of the second degree—is also in order. While there may be only one amendment of each degree pending at the same time, any number of them may be offered in succession after disposing of the prior amendment. An amendment must relate to the subject to be amended.

The amendment of the second degree, if there is one before the assembly receives first consideration. After disposal, unless another secondary amendment is offered, the amendment of the first degree is then pending. After all amendments have been disposed of, the main motion as amended (or in its original form if all the amendments have been lost), is placed before the assembly for action.

WHAT SHALL I DO?

1. To introduce business? Make the main motion.

2. To modify the motion? Amend, commit or refer.

3. To defer action? Postpone to a certain time; make a special order (require a two-thirds vote); lay on table.

4. To suppress or limit debate? Move the previous question (two-thirds vote); limit debate (two- thirds vote).

5. To suppress the question? Object to the consideration (two-thirds vote); Postpone indefinitely; lay on the table.

6. To consider a question a second time? Take from the table; reconsider; rescind.

7. To prevent action from becoming final? Reconsider and have entered on the minutes.

8. To reverse the decision of the Chair? Appeal.

9. To make a request for: Parliamentary inquiry; information; permission to withdraw a motion; reading papers; excused from duty; any other privilege. (See Roberts’ Rules of Order, 44 to 51.)

10. To correct a mistake? Rise to a point of order.

A motion that’s been carried, lost, or Postponed indefinitely can’t be considered again during the same session except by a motion to reconsider the vote disposing of the question, or to rescind the action taken. The motion to reconsider can be made only by one who voted on the prevailing side. The motion to reconsider must be made on the same day or the calendar day (not counting Sundays or holidays) after the vote which is to be reconsidered was taken. Any member may second this motion. The motion to recon-sider, if carried, annuls the vote already taken and brings the motion before the assembly again for action.

A motion to rescind an action may be made if the motion to reconsider is not already pending. The motion to rescind may be made by any member. Its purpose is to undo some action already taken and is identical with the motion to amend by striking out something previously adopted, such as a by-law, resolution, section, or paragraph. If made on the same day, it only requires a majority vote, but on a subsequent day, if without notice of intention to rescind it, requires a two-thirds vote.

In case of doubts as to parliamentary procedure, or if difficult questions arise, such as to lay on the table, to Postpone, to limit debate, to reconsider, point of order, etc. consult the parliamentary authority.

MOTIONS CLASSIFIED

IN THE ORDER OF PRIORITY

Privileged Motions

Fix time to Adjourn

To Adjourn

**To recess

Questions of personal privilege

Call for order of business

Subsidiary Motions

Lay on table

Previous question 2/3

*Postpone to definite time

*Refer to Committee

*Postpone

*Amend Amendment

*Amend

Objection to Consideration 2/3

A Main Motion is used to bring before the meeting any particular subject for consideration of the assembly.

NOTE

*Are debatable—others are not.

**Debatable only when no other motion pending.

Those not marked with 2/3 require only majority vote.

IV. NOMINATIONS AND ELECTIONS

The choosing of officers for a Legion group is one of the most important functions. It means the choosing of leaders upon whose faithful service the success of the organization largely depends. Among the qualifications necessary for efficient official leadership is an understanding of the purpose of The American Legion; knowledge of the work and enthusiasm for it; a high sense of justice, fairness and courtesy; open-mindedness, moral courage and the ability to get along with other people.

Officers should be chosen for their ability to perform the work of the office to which they are elected, and not because of their social prestige or because they want the office. Willingness to serve is not enough; fitness to serve must stand above every other consideration.

A Nominating Committee reports to the assembly only nominees approved by a majority vote of the committee. No action is taken on the report of Nominating Committee. Nominations from the floor are always in order after Nominating Committee has reported.

A nomination is only a statement of a preference and does not control the election in any way. When voting by ballot, one may be elected without having been nominated, subject to getting the required number of votes at the election.

The elective ballot alone elects. Mistakes made in nominating do not invalidate elections, as you may vote for whom you please, regardless of nominations.

Members of a Nominating Committee may be nominated for office without resigning from the committee. When printed ballots are used, names presented from the floor as well as the names presented by the nominating committee must be printed on the official elective ballot so there will be no discrimination among the candidates.

NOMINATION BY BALLOT

No nominations are made from the floor when nominations are by ballot, as all have had opportunity to nominate by ballot.

The method of election best fitted to a particular group should be provided in the by-laws. These election rules must be strictly adhered to. If the election rules prove unsatisfactory, amend them. But abide by them as they are, until properly amended.

Before proceeding to an election, it is customary for nominations to be made from the floor or by a Nominating Committee, or by ballot. The by-laws may prescribe the method, but if they do not, then the assembly by motion may choose the method of nominating. This motion is not debatable.

Only members of the organization can make nominations or vote at an election.

The by-laws should provide that no name shall be placed in nomination without the consent of the nominee. This prevents promiscuous nomination and withdrawals.

Nominations from the floor may be made by any voting member. Nominations require no second, but a second is complimentary to the candidate.

NOMINATIONS BY COMMITTEE

If names of candidates are to be presented by a Nominating Committee, this committee should be named at least one month before election day and the by-laws should provide the method of appointing (or electing) the committee. The usual methods are election by the assembly, or election by the Executive Committee or part by the assembly and part by the Executive Committee.

The commander should not appoint the Nominating Committee nor be a member of it.

The Nominating Committee should give thoughtful consideration to the qualifications of each candidate for office and should secure the consent of the candidate before placing the name on the ticket.

CLOSING NOMINATIONS

Nominations from the floor may be closed by a two-thirds vote, or the commander may close nominations by unanimous (common) consent of the assembly (no one objecting). If for any reason it is desired to reopen nominations, it may be done by a majority vote (unless the by-laws limit the time for nominations).

A member may be nominated for more than one office, unless the by-laws forbid. If elected to more than one office, the member must choose immediately on which office to serve. The other office (or offices) shall be filled according to the provisions of the by-laws, if simultaneous service in more than one office is forbidden.

ELECTIONS

Majority vote is necessary to elect if there is no by-law to the contrary. Plurality vote never elects except by special by-laws. A person ineligible to hold office at the time of election cannot be elected even by unanimous vote.

The usual methods of election are by voice, or by ballot (a secret vote). The by-laws may provide that election shall be by ballot except when there is but one candidate for office, the election may be by voice. The ballot vote is the fairest vote when there is more than one choice for an office. When the by-laws require the vote to be taken by ballot, it is out of order to move that the adjutant or any other person shall cast the ballot of the assembly, as ballot vote is a secret vote and each voter must cast their own ballot.

ELECTION BY VOICE

The election to office may be by voice, and vote taken on each candidate separately, or the assembly may, by a majority vote, order the vote taken on the ticket as a whole when there is but one candidate for each office.

ELECTION BY BALLOT

Ballots should be given to identified voting members only. The names of candidates for each office may be printed or written on the ballot, or the voter may write the name of choice on the ballot. The identity of the voter must not be indicated in any way as a ballot is a secret vote. If printed ballots are used, the names from the floor and those proposed by the Nominating Committee must be printed on the official ballot. Printed ballots cannot be used if nominations and elections take place at the same meeting. Instructions may be given to the assembly concerning the method of marking the ballot. An unmarked (blank) ballot is just a scrap of paper and is not counted in elections. The Election Committee has no authority to make any changes in the election ballot or mark it in any way.

The vote cast for each office must be preserved in such manner that if the election is questioned, the voter may be verified by a recount. If printed ballots are used, the Election Committee places the voted ballots in a sealed packet together with its report (signed by at least a majority of the Election Committee), and delivers the packet, sealed, to the adjutant. This sealed packet shall not be opened except by order of the assembly or the board for the purpose of verifying the vote, or destroying the packet.

If slips of paper are used for voting for each separate office, the votes cast for each office must be sealed in a separate packet and delivered to the adjutant in like manner.

The form of the report of the Elections Committee for each office to be filled is as follows (Example): “For commander—Number of votes cast—30; necessary for election—16; Brown received—19; Jones received—10; Green received—1.”

After the vote for all the offices has been read (the largest vote for each office stated first), the names of the committee members signing the report are read, the report is handed to the commander, and the reporting member sits. The commander announces who is elected.

In counting the ballots, every name for which a vote has been cast must be reported.

Newly-elected officers take their seats at the time prescribed in the by-laws. If there is no such rule, they are seated following election, or at the time established by usage as a precedent.

When there is more than one vice-commander, they always should be numbered to establish their precedence when acting as commander pro tem.

V. COURTESIES IN THE ASSEMBLY

Members contribute to the success of a meeting when they—

1. Come to order at once when the commander opens the meeting.

2. Give thoughtful attention throughout the business meeting and the program.

3. Rise to address the Chair, and wait to speak until recognized by the Chair.

4. Sit down at once when someone else has been given the floor.

5. Rise to make a motion, but remain seated in small assemblies when seconding the motion.

6. Write a long or involved motion and give to the adjutant, when asked to do so.

7. Rise when a rising vote is requested and remain standing until the vote is taken.

8. Vote on every question.

9. Limit their remarks to their rightful share of the time of the meeting and do not infringe upon the right of others. The floor should be given to one who has not spoken on the question, in preference to one who has spoken, if there is any question as to precedence.

10. Rise to make reports, remain seated during the discussion of the report.

11. Refrain from conversation during the meeting.

12. The courtesy of the floor may be granted to one who is not a member when it is desired to have such one speak during a business session.

VI. PARLIAMENTARIAN

A parliamentarian may be appointed if there is a member of the organization who is well informed on parliamentary law. It must be remembered the function of a parliamentarian is to express an opinion on the point in question when requested to do so. The ruling or decision based upon this advice must be stated by the presiding officer.

VII. AUTHORIZED BUSINESS

Authorized and lawful business which the organization becomes responsible for can only be transacted at meetings regularly or specially called for that purpose at which meetings there is a quorum present.

The notice for a special meeting must state the special business to be transacted, and no other business can be entertained.

If no quorum is present, the motion to adjourn and to provide for an adjourned meeting are the only motions in order.

If additional knowledge of Parliamentary Procedure is deemed necessary, Posts should refer to Roberts’ Rules of Order. These rules can be purchased from National Emblem Sales, American Legion National Headquarters, P.O. Box 1055, Indianapolis, IN 46206.

VIII. MOTIONS CLASSIFIED IN ORDER OF PRIORITY

1. Privileged Motions: Fix time to Adjourn; To Adjourn; To Recess **; Question of Personal Privilege; Call for Order of Business.

2. Subsidiary Motions: Lay on Table; Previous Question (2/3); Postpone to Indefinite Time *, Refer to Committee *; Postpone *; Amend Amendment *; Amend *; Objection to Consideration (2/3).

3. Main Motion *: A main motion is used to bring before the meeting any particular subject for consideration of the assembly.

NOTE: *Are debatable—others are not.

**Debatable only when no other motion pending.

Those not marked with (2/3) require only majority vote.

Uniform Code of Procedure for the Revocation,

Cancellation or Suspension of Post Charters

(Adopted by the National Executive Committee of The American Legion May 1-2, 1941,

Indianapolis, Ind. Amended by that body November 6-7, 1941)

I. Charges

Section 1. A charge that any Post should, for any good and sufficient cause, have its charter cancelled, suspended or revoked may be initiated by any intermediate body between the Post and the Department, or by any three Posts of the Department in which the Post accused is located. A charge may be withdrawn only with the consent of the Department Commander.

Sec. 2. Such charge shall be filed with the Department Commander at Department Headquarters.

Sec. 3. Such charge shall be in writing, and signed by the respective Commanders and Adjutants of the intermediate bodies or Posts, as the case may be, and sworn to before any officer authorized to administer oaths.

Sec. 4. Three additional copies of such charge shall be filed with the original. The Department Commander shall forthwith cause one copy of such charge to be served on the defendant Post by delivering a true copy thereof to the Adjutant of said Post, as hereinafter provided.

Sec. 5. Such charge shall include the following:

a. A certified or attested copy of the resolution authorizing the filing of such charge.

b. The full name and address of the Post against which the charge is made, as well as the full name and address of the Commander and Adjutant of such Post.

c. A clear, concise and detailed statement of the facts upon which the charge is based.

The section or sections of the National and Department Constitutions and By-Laws alleged to

have been violated.

e. Affidavits or documents substantiating the charge may be attached.

Sec. 6. After a charge has been filed, the Department Commander shall forthwith cause a full investigation of the facts to be made. After such investigation, the Department Commander shall file a report and recommendation with the Department Executive Committee for its action thereon at its next meeting.

Sec. 7. Proceedings relating to the cancellation, suspension or revocation of a Post charter may also originate with either the Department Commander or the Department Executive Committee.

Sec. 8. The action of the Department Executive Committee in rejecting any charge or charges against a Post shall be final.

II. Resolution of Department Executive Committee

Section 1. Should the Department Executive Committee determine by a majority vote that the Post should surrender its charter, said Department Executive Committee shall direct the defendant Post to surrender its charter for cancellation, and shall pass a resolution that unless the charter is so surrendered, prior to the date therein specified, a hearing and trial be held to determine whether the Post charter should be cancelled, suspended or revoked, and said resolution shall include the following:

a. A statement that the Department Executive Committee has determined that a hearing and trial is warranted.

b. Authorization and direction to the Department Commander and Department Adjutant to sign a formal complaint.

c. The names and addresses of the members of the subcommittee before which the hearing and the trial is to be held.

The name and address of the Department Judge Advocate or special acting Department Judge

Advocate who is to assist the committee.

e. Authorization to the subcommittee to hire such stenographic or other help as may be necessary and to incur such expense as may be necessary. Said expense, including the cost of stenographic report of the trial when ordered to be transcribed by the subcommittee or the Department Executive Committee, shall be taxed as costs against the Department, complainants or defendant Post in such manner and amount as the Department Executive Committee shall prescribe.

f. That the subcommittee shall report its written findings of fact and recommendation to the Department Executive Committee at its next meeting, provided, however, that if the hearing or trial is not completed, a partial report shall be made.

III. Complaint

Section 1. In all cases, a formal complaint, in triplicate, shall be drawn by the Department Judge Advocate and signed by The American Legion, through its Department Commander and Department Adjutant, setting forth the following:

a. A clear and concise statement of the facts upon which the charges are predicted.

b. The origin of the charges.

c. A copy of the resolution of the Department Executive Committee appointing the subcommittee and its assistants.

d. A copy of the Uniform Code of Procedure for the Revocation, Cancellation or Suspension of Post Charters.

e. The time within which an appearance or answer shall be filed by the Post, which shall be not less than 20 or more than 60 days from the date of the service of a copy of the complaint.

f. The time and place for the hearing and trial, which shall not be more than 30 days after the date of the expiration of the time for the filing of the answer.

Sec. 2. Any such complaint may be amended by the subcommittee of the Department Executive Committee in its discretion at any time upon such terms as may be deemed just in the opinion of the said subcommittee.

IV. Service

Section 1. The subcommittee shall cause a true copy of the complaint to be served on the defendant Post.

Sec. 2. All complaints, orders and other process and papers of the subcommittee or the Department organization of The American Legion may be served personally, or by registered mail, or by leaving a copy thereof at the principle office or Headquarters of the intermediate body or Post, or place of residence

of the person or officer to be served. The verified return by the individual serving the same showing service thereof in the manner herein provided, or the registry return receipt shall be proof of service.

Sec. 3. All notices, orders, papers or other process which are to be served on the Department Headquarters of The American Legion, or the subcommittee appointed to conduct the trial, shall be deemed served if they are served on the Department Adjutant at Department Headquarters, said service to be made as herein above provided.

Sec. 4. Witnesses may be summoned by a notice signed by either the special acting Department Judge Advocate, the Department Judge Advocate, or by a member of the subcommittee.

V. Answer

Section 1. The defendant Post shall file an answer to said complaint with the Department Judge Advocate at Department Headquarters within the time specified in the complaint. The answer shall contain a clear and concise statement of the facts which constitute its defense. Any charge or specification in the complaint which is not expressly denied or explained in the answer shall be deemed to be admitted.

Sec. 2. In the event that the complaint is amended during the course of the hearing or trial, the defendant shall be furnished with a copy of such amendment, and may file an amended answer to the said amended complaint within five days thereafter.

VI. Subcommittee

Section 1. The subcommittee to hear and try and make written findings of fact and recommendations with reference to the matter of the cancellation, suspension or revocation of the Post charter shall be appointed by the Department Executive Committee and shall consist of not less than three (3) members of the Department Executive Committee. No member of the Post under investigation shall be a member of such subcommittee.

Sec. 2. Should no member of the subcommittee be a lawyer, opinions on questions of law may be obtained from the Department Judge Advocate.

Sec. 3. A majority of the members of the subcommittee shall constitute a quorum. If for any reason there is less than a quorum, the hearing shall be adjourned until a quorum is present.

Sec. 4. The duties of the Department Judge Advocate or special acting Department Judge Advocate shall be to see that the trial is prompt, complete and thorough, make all arrangements for the hearings, the summoning of all witnesses and the production of all papers. He shall see that all the orders of the subcommittee shall be carried out. He shall examine and cross-examine all witnesses.

VII. Hearing and Trial

Section 1. The rules of evidence prevailing in courts of law and equity shall not be controlling. The subcommittee shall decide all questions arising as to relevancy of the evidence and the regularity of the proceedings.

Sec. 2. The subcommittee may hold its hearings in closed sessions or may open them to the public. The subcommittee shall hear witnesses on oath or affirmation.

Sec. 3. Any party to the proceeding shall have the right to appear at such hearing in person, by counsel or otherwise, subject to such reasonable restrictions as may be placed on this right by the subcommittee, and to examine and cross-examine witnesses and to introduce documentary or other evidence.

Sec. 4. Stipulations of fact may be introduced in evidence with respect to any issues.

Sec. 5. Objection to the conduct of the hearing shall be stated orally together with a short statement of the grounds of such objection and included in the stenographic report of the hearing.

Sec. 6. Any party to the proceedings shall be entitled to a reasonable period at the close of the hearing for oral argument, which shall not be included in the stenographic report of the hearing. Briefs may be filed by the parties within the time fixed by the subcommittee.

Sec. 7. In the discretion of the subcommittee, the hearings may be continued from day to day, or adjourned to a later date, or to a different place by announcement thereof at the hearing by the chairman or vice-chairman of the subcommittee or by other appropriate notices.

Sec. 8. A stenographic report of the trial shall be made.

VIII. Report of Subcommittee

Section 1. The subcommittee, after it has completed its hearings, shall file the complete report of the proceedings had upon the trial, together with its written findings of fact and recommendations with reference thereto with the Department Adjutant not less than five (5) days before the next meeting of the Department Executive Committee, all of which shall be open to the inspection of all members of the Department Executive Committee, as well as representative or representatives of the defendant Post.

Sec. 2. The Department Executive Committee shall consider said report and act thereon.

Sec. 3. At the Department Executive Committee meeting at which the report of the said subcommittee is to be considered, one representative of the defendant Post may, within the discretion of the Department Executive Committee, be given the privilege of the floor for not more than one hour.

Sec. 4. Should the subcommittee’s report be a partial report, the Department Executive Committee may continue the committee and authorize it to hold further hearings and present its final report at the next meeting of the Department Executive Committee.

IX. Appeal

Section 1. Should the Department Executive Committee refuse to cancel, suspend or revoke the charter of the Post, such decision shall be final and no appeal can be taken there from.

Sec. 2. Should the Department Executive Committee, upon a report of its subcommittee, cancel, suspend or revoke the charter of the defendant Post, the defendant Post and the National Adjutant shall be notified by the Department Adjutant of the decision of the Department Executive Committee, which notice shall be mailed within five (5) days after such decision has been rendered. Should the defendant Post desire to appeal from the decision of the Department Executive Committee, it shall serve its notice of appeal, signed by the Post Commander and Post Adjutant, on the Department Adjutant at Department Headquarters within thirty (30) days from the date of said suspension, cancellation or revocation.

Sec. 3. Upon receipt of said notice of appeal, the Department Commander shall immediately notify the National Commander of such appeal and shall cause the Department Judge Advocate, or acting Department Judge Advocate, and the subcommittee to submit all the papers and the complete record of the hearings to the National Commander. Upon receipt of the notice of appeal, the National Commander shall appoint a subcommittee of not more than five (5) nor less than three (3) members of the National Executive Committee for the purpose of hearing the appeal from the action of the Department Executive Committee.

Sec. 4. The National Executive Committeeman, or alternate, from the Department of which the defendant Post is a part, shall not be eligible to serve on this committee.

Sec. 5. This subcommittee of the National Executive Committee shall meet at least one day prior to the meeting of the National Executive Committee and to this committee the National Commander shall refer the complete record, in writing, of said proceedings with such exceptions thereto as are made by the defendant Post.

Sec. 6. This subcommittee may make its recommendations merely from the records, or it may permit representatives of the Department or the defendant Post to appear and argue the matter before the committee, and it may, as such hearing of such appeal, take further evidence relating thereto under such rules and conditions as it may from time to time adopt.

Sec. 7. This subcommittee shall review the cause and recommend to the National Executive Committee the action to be taken thereon.

Sec. 8. The decision of the National Executive Committee, based upon the report of this subcommittee, shall be final and there shall be no appeal there from.

Sec. 9. The cost of the proceeding may be retaxed as the National Executive Committee shall deem just and equitable.

Practice and Procedure in the Expulsion or

Suspension of a Member of The American Legion

(May be revised and changed by subsequent action of the National Executive Committee.)

National Judge Advocate’s Note

Many Departments and Posts of The American Legion have failed to adopt a method of practice and procedure on the suspension or expulsion of a member. The following is not mandatory upon any Post or Department, but is submitted only as a guide or form to follow. It is approved by the National Executive Committee.

Section 2 of Article IV of the By-Laws of The American Legion is as follows:

“Members may be suspended or expelled from the Legion only upon a proper showing of cause. Charges shall be based upon disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of The American Legion. All charges must be made under oath in writing by the accusers, and no member in good standing shall lose his membership until given a fair trial in such manner and form as the Department by-laws and Department Executive Committee shall prescribe.”

I. Process

The first process in all actions of expulsion or suspension against a member of The American Legion in good standing shall be by filing with the adjutant of the Post written charges in triplicate, properly verified by affidavit of the accuser or accusers.

II. Writ—When Returnable When Written Charges Are Filed

The adjutant shall issue a writ dated upon the day it shall be issued and sign it, directed to the sergeant-at-arms (or some other member of the Post in good standing), commanding that person to summon the accused to appear at the Post meeting place at the next regular meeting (providing 15 days have intervened), to show cause why he should not be suspended or expelled (as the case may be).

III. Service—Return

It shall be the duty of the sergeant-at-arms, or the member appointed, to serve the writ so issued, by reading it to the accused and at the same time delivering to the member a verified copy of the charges filed. The person serving the writ shall endorse upon said writ the time and manner of serving it and immediately thereafter file the same with the Post adjutant.

IV. Alias Writ

Whenever it shall appear by the return that the accused is not found fifteen (15) days, or more, previous to the regular Post meeting, the adjutant, at the request of the accuser, shall issue another writ and so on until service is had.

V. Failure to Make Return

If the sergeant-at-arms, or the member to who a summons is delivered, shall neglect or refuse to make return of same within the time required in Paragraph 4, another summons shall be issued, directed to some other member in good standing for service as herein above set forth.

VI. Service by Publication

Whenever the accuser shall file with the adjutant of the Post in which the charges are pending, an affidavit showing the accused has gone out of the state or on due inquiry cannot be found or is concealed within the state so that process cannot be served upon the intended, and stating the place of residence of such accused, if known, or that upon diligent inquiry the place of residence cannot be ascertained, the adjutant of the Post shall cause publication to be made in the county where the Post is located and if there be no newspapers published in said county, then in the nearest newspaper published in the state containing notice of the pendency of such charges before said Post, the names of the accused and the accuser, and the time and place of the hearing of said charges. Within two days of the first publication of such notice, the adjutant of said Post shall send a copy thereof by mail addressed to the accused if the place of residence is stated in said affidavit; said notice shall be published at least once each week for three successive weeks.

VII. Charges

The accuser or accusers must be members of the same Post as the accused and shall set forth the charges of disloyalty, neglect of duty, dishonesty and conduct unbecoming a member of The American Legion in terms of simplicity and understanding in order the accused may properly prepare a defense.

VIII. Accused to Enter His/Her Appearance in Writing

Before the accused defends in his/her own proper person, or through counsel, he/she shall enter an appearance by filing an answer to said charges on or before the date of the regular meeting to which the accused has been summoned to appear.

IX. Failure to Answer

If the accused fails to answer the charges, in manner and form as herein last set forth, the charges and matters and things therein stated shall be taken as confessed and the prayer for expulsion or suspension granted.

X. Date of Trial

Whenever the accused enters an appearance by filing an answer to the charges preferred, the entire proceedings shall automatically be continued until the next regular Post meeting, at which time the trial shall be had.

XI. Continuance

Either party may apply for a continuance before the day set for trial, however, it shall be accompanied by a written motion, supported by affidavit of the party so applying. Good and substantial cause must exist before said motion is granted. The presiding judge advocate shall pass on said motion.

XII. Trial—Post Judge Advocate to Preside

The Post judge advocate shall preside at the trial, and shall have the power and authority to pass upon the materiality and relevancy of all the evidence presented, and shall have general power to prescribe the necessary and reasonable rules and regulations for the orderly procedure of said trial.

XIII. Post Judge Advocate Vacancy

In case of death, removal, vacancy, resignation or disability of the Post judge advocate, it shall be the duty of the Department commander, when duly notified by the Post adjutant, to appoint a special judge advocate in the Department to fill the vacancy. Such special judge advocate so appointed shall have the authority, right and powers of a duly elected Post judge advocate. The Post shall bear the expenses of any special judge advocate.

XIV. Post Officers and Executive Committee to Act as Jurors

The Post officers and the Post executive committee are hereby selected as jurors to ascertain under the guidance of the judge advocate the truth of the charges preferred. Their province is strictly limited to questions of fact, and within that province they are still further restricted to the exclusive consideration of the matters that have been proven by evidence of the interested parties in the course of the trial. Their decision shall be reduced to writing and filed with the Post adjutant, who, in turn, shall enter the same in the Post records.

XV. Causes of Challenge

If any Post officer or any member of the executive committee, or any other member selected as a juror, shall state he/she cannot fairly and impartially render a verdict therein in accordance with the evidence, and the presiding judge advocate shall be satisfied of the truth of such statement, said member or members shall be challenged for cause.

XVI. Peremptory Challenge

Each party shall be entitled to challenge of two jurors without showing cause for such challenge.

XVII. When a Post Has No Executive Committee

When a Post has no executive committee, the presiding judge advocate shall direct the sergeant-at-arms to summon five members of the Post to sit as jurors in their place.

XVIII. Duty of Sergeant-at-Arms

If any member is challenged peremptorily or for cause, or if any Post officer or member of the Executive Committee shall be absent from said trial, the presiding judge advocate shall direct the sergeant-at-arms to summon a sufficient number of members of the Post to sit as jurors in their place.

XIX. If Sergeant-at-Arms Not Present, etc.

If the sergeant-at-arms is not present at said trial or upon objection of either party to the cause to the sergeant-at-arms summoning a sufficient number to fill the vacancies, the presiding judge advocate shall appoint a special sergeant-at-arms to summon the necessary persons to act as jurors.

XX. Members Insufficient to Fill Panel

When the membership of the Post, through cause or otherwise, is insufficient in number to make a full panel for jury service, the trial shall be continued until the next regular Post meeting. The Post adjutant, within five (5) days thereafter, shall transmit such information to the Department commander, who shall, before the next regular meeting of the Post, cause the sergeant-at-arms of said Post to summon a sufficient number of members of The American Legion from the body of the county in which the Post is located to fill the vacancies.

XXI. Amendments

At any time before a final decision is made by the jury upon the trial of a member upon expulsion or suspension, amendments may be allowed by the presiding judge advocate upon such terms as are just and reasonable.

XXII. Number Necessary to Expel or Suspend

To expel or suspend a member of The American Legion in good standing, two-thirds of the members selected to sit as jurors shall vote in the affirmative.

Section 3 of Article IV of the By-Laws of The American Legion is as follows:

“Any member who has been suspended or expelled has the right of appeal to his Department Executive Committee, or to the Department convention, according to the provisions in the by-laws of such Department. The decision of the Department shall be final.”

I. Time for Appeal

Within forty (40) days after judgment of expulsion or suspension is made and recorded, the accused ONLY may take an appeal in manner and form as set forth in Section 3 of Article IV of the By-Laws last mentioned.

II. Stenographic Report

Either party demanding a stenographic report of the trial shall pay for the same, and when said report is completed, it shall be the duty of the presiding judge advocate, on appeal, to examine the same and if correct, officially certify to the correctness of such report, and the same shall be immediately filed with the Department adjutant, who, in turn, shall present the same to the Department Executive Committee or the Department convention officials, according to the by-laws of such Department. All matters and things contained in such stenographic report shall become a part of the record and shall be considered in the final decision by the Department. In addition to the stenographic report, all interested parties shall have the further right of appearing in person, or by counsel, and present further evidence and arguments upon such final hearing.

III. Notice by Department Adjutant Upon Request

When an appeal is taken by accused, in compliance with Section 3 of Article IV of the By-Laws of The American Legion, it shall be the duty of the accused to obtain from the Department adjutant the date of the Executive Committee meeting or Department convention and the exact time and place of such hearing on appeal. This notice should be given if possible at least ten (10) days before the meeting or convention.

IV. Appeal—Department Judge Advocate to Preside

Upon appeal the Department judge advocate shall preside at the trial, and shall have the power and authority to grant a continuance to either party if deemed for the best interest of the Legion; to pass upon the materiality and relevancy of all the evidence presented and shall have general power to prescribe the necessary and reasonable rules and regulations for the orderly procedure of said trial.

V. No Further Appeal

The decision reached by the Department Executive Committee or Department convention shall be final.

VI. Effect of Decision

Where an appeal is taken by the accused and the Department Executive Committee or Department convention sustains the appeal, the expelled member automatically becomes a member in good standing of said Post, and it is mandatory the adjutant reinstate said member upon the Post membership roll. Any Post failing to comply with this provision is subject to having its charter suspended or revoked.

Section 4 of Article IV of the National Constitution of The American Legion is as follows:

“No person who has been expelled by a Post shall be admitted to membership in another Post without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post, he may then appeal to the Executive Committee of the Department of the expelling Post for permission to be admitted to membership in another Post, and shall be ineligible for membership until such permission is granted.”

How to Write a Resolution

Because resolutions adopted by your membership represent formal expressions of the official opinion or will of the Post, extreme care should be devoted to both their preparation and thought content. The following guidelines and suggestions relate primarily to the form your Post’s resolutions should take, rather than their content. However, when considering resolutions, keep in mind that any proposal transmitted beyond your Post and within the organization of the Legion must be “germane”—that is, closely related to the purpose for which The American Legion exists.

Resolutions requiring county, District or Department consideration must be prepared and forwarded in accordance with their respective regulations and by-laws. A well-written resolution stands a better chance of getting favorable consideration at your county, District, or Department convention than a resolution that is vaguely worded, poorly documented and carelessly formulated.

From the standpoint of the policies and practices of The American Legion as a whole, resolutions are all-important. The National Organization cannot act on a given problem in the absence of a controlling resolution; and, conversely, it must act on a matter when mandated to do so by a resolution that has been properly adopted by the National Convention or National Executive Committee. If your Post seeks to be a leader in the policies and practices of The American Legion, it can do so only through the resolution process.

Post Procedures May Vary

In some Posts, the member who moves the adoption of a resolution must present it in writing at the time the motion is offered. Other Posts follow the practice of assigning one member, or special committee, the task of drafting or editing those resolutions to be sent forward for convention consideration. However, it remains the responsibility of the Post Commander to make sure each resolution truly reflects the sense of the action taken by the Post—and is presented in the best possible form.

Except for certain details (noted in the discussion of resolving clauses below) the National Organization has not established an official style guide for the preparation of American Legion resolutions. However, the National Executive Committee has expressed (Res. No. 20 and 21, May 1960) certain general considerations are applicable to all resolutions being forwarded for action by the National Organization as follows:

1. A resolution should contain “supporting documents,” and its intent should be clearly defined.

2. A resolution should be free of errors of fact and law.

3. A resolution should have material relevance to the purposes and programs of The American Legion. (On the latter point, the NEC specifically cautions Legion Posts to beware of becoming a channel through which non-Legion organizations seek to achieve their goals.)

A resolution should deal with only one subject. Those that attempt to treat more than one subject are unwieldy to process at conventions, especially if they involve matters which do not fall within the jurisdiction of a single committee of the convention. They are generally rejected or amended to delete reference to more than one subject.

Resolutions have two major parts, a preamble and a resolving section. Each consists of one or more clauses (sometimes called paragraphs) and the whole is read in its entirety, beginning with the preamble, as one continuous, complex sentence. The preamble sets forth the reasons for the resolution; the resolving section sets forth the intent of the resolution.

Prepare Preamble Last

Although it precedes the resolving section in appearance, the preamble of a resolution should be prepared after the resolving section has been put into final form. Once the intent of the resolution has been clearly stated, it is much easier to decide what statements need to be in the preamble to make clear the reasons for the resolution. Also, during committee or floor debate, a preamble is always amended last because changes in the resolution may require changes in the preamble. The resolving section of a resolution begins with the word “RESOLVED,” usually printed in capital letters and followed by a comma. Between this opening word and the statement of the resolution’s intent there should be inserted the following information: (1) identification of resolving authority: (2) the circumstance and place of the action; (3) the date of the action. The first word after this information would be “That” with a capital “T.”

Example:

“RESOLVED, by Post No. .........., The American Legion, Department of .........., in regular (or special) meeting assembled in .......... (Place and Date) .........., That . . .”

This clause, referred to as the “resolving clause” (similar to the “enacting clause” of a law), should be uniform for every resolution. For National Convention and National Executive Committee resolutions, the resolving clauses have been standardized as follows:

“RESOLVED, by The American Legion in National Convention assembled in .......... (City and State) .........., .......... (Date) .........., That . . .”

The word “That” immediately following the resolving clause introduces the clause which is the object of the verb “RESOLVED.” It aids the reader to find the point at which the meat of the resolution begins; it aids the drafter of the resolution to launch a strong and unmistakable statement of intent.

Examples:

“RESOLVED, . . . That The American Legion shall sponsor and support legislation to . . .”

“RESOLVED, . . . That The American Legion is opposed to repeal or weakening of . . .”

Although each resolution should deal with only one subject, it is often necessary or desirable to attach additional clauses (or paragraphs) to a resolution’s resolving section in order to cover matters that are closely related to the main intent. This device is especially useful for spelling out the details of how and by whom the intent of the resolution is to be carried out or accomplished. Example:

“RESOLVED, by (etc.). . . That (etc.) . . ., and be it further

“RESOLVED, That (etc.) . . . and be it further

(add RESOLVED paragraphs as required) . . ., and be it finally

Official

CONSTITUTION

PREAMBLE

ARTICLE I

NAME

ARTICLE II

NATURE

ARTICLE III

ORGANIZATION

ARTICLE IV

ELIGIBILITY

ARTICLE V

NATIONAL CONVENTION

ARTICLE VI

NATIONAL OFFICERS

ARTICLE VII

NATIONAL EXECUTIVE COMMITTEE

ARTICLE VIII

DEPARTMENT ORGANIZATION

ARTICLE X

FINANCE

ARTICLE XI

DISCIPLINE

ARTICLE XIII

AUXILIARIES

ARTICLE XIV

RATIFICATION

ARTICLE XV

AMENDMENTS

ARTICLE XVI

NATIONAL INCORPORATION

ARTICLE XVII

BY-LAWS OF THE AMERICAN LEGION

ARTICLE I

NATIONAL EXECUTIVE COMMITTEE

ARTICLE II

DUTIES OF OFFICERS

ARTICLE III

CHARTERS

ARTICLE IV

DISCIPLINE OF POST AND POST MEMBERS

ARTICLE V

MEMBERSHIP

ARTICLE VI

MONIES AND COLLECTIONS

ARTICLE VII

TRANSFER OF POSTS

ARTICLE VIII

AMENDMENTS

Appendix to the Constitution and By-Laws

ORIGINAL SECTION

AMENDED SECTION

ORIGINAL SECTION

AMENDED SECTION

NEW POSTS

Post Vice-Commander Post Historian

Suggested Form for Post Constitution

Delinquency, Resignation and Transfer

Simplified Eligibility Guide