Being in the Army, do you think your constitutional rights are violated in some way or form?

So here is my two cents based on experience in the past running a restaurant franchise as well as opinion mixed in. First the government via health department does have legal right to shutdown a business if you do not follow the established health guidelines. Second how many people you can have indoors in a restaurant is regulated by the Fire Department so that is not new either. Third you need a business license to operate via some kind of document registered with the state secretary of the state you operate in. That specific state establishes requirements to obtain that. So with a restaurant you cannot buy produce for it from a wholesaler with out a state business license and without a tax exemption certificate from the state. So they can screw with you there. So in my view the restaurant operational restrictions are all legal and based on past precedent.

I agree with you on the shelter in place orders though but only as they relate to civilians not military. I think it depends on the state your in. Here in Texas they think they have legal authority because earlier they passed a fairly recent (within last 25 years) law that states in declared States of Emergency the State can order people to remain in their homes. I'm not a lawyer so take this with a grain of salt but I would expect this could be legally challenged as the state would have to prove to a court that the state of emergency was valid and based on a real concern about the overall safety or well being of the larger population. I think you could easily argue (again not a lawyer), that the State of Texas has not met that burden with this virus as it did not declare states of Emergencies given past outbreaks of Corona Virus' which we still do not have vaccines for. That's if you had the money and time to challenge this Texas State Law.

As for the military it is more complex because the DoD is supposed to maintain good order and discipline and I would think that extends to good health as well as readiness of the overall force (APFT tests). So because they are also concerned with overall readiness as well of each unit that is deployable. I don't think your going to be able to challenge the law or orders on the military side of the fence. As others have stated because I think this is one of the sacrifices you make when you enlist. Long winded answer and also again, not a lawyer, just what I would expect not really knowing.

Of course it is, but shit...part of the game tbh.

Good question to explore, we ought to have a reasoned answer.

No, and I think it's hard to argue that anyone does. This is a job you volunteer for so at best some rights are voluntarily surrendered, but more to the issue is that everything is legal. For example, I cannot claim my constitutional rights as a citizen at political event when I show up in uniform and support a certain policy or politician. The position I hold in the service legally overtakes certain rights I had as an ordinary citizen. The same logic is used with most any of our constitutional rights; in order to achieve the intent of government service and uphold certain separations between the military and state its members forfeit certain rights that they would otherwise enjoy as regular citizens. No real violation occurs and the rule of law is upheld through what I see as a system of checks and balances.

I agree with MSG (Join to see) . A useful point of clarification is to ask whether our legal rights are truly being infringed, or is our sense of entitlement being inconvenienced.

Anyone that’s had a Summary Courts Martial might think so. And as noted, 1st amendment could be questionable. But, as many have stated, AVF, you agreed to the limits imposed.

The services protect democracy. They don't practice the former. We all volunteered fully knowing, we, as servicemembers are held to a higher standard than the other 99% that don't join. So, no, my rights were not infringed ever..

You gave up most of your rights when you joined and swore to follow orders (as long as they are Legal orders).

Cody, always trying to stir the pot. Because of the duties and regs of the military you have what the call abridged rights, and when you enlisted you swore to them and agreed.