Uniform Code of Military Justice and US Constitution

Hi, all. I was just wondering if any military people could tell me about the UCMJ in relation to the Constitution. For people subject to it, which one has more authority, the UCMJ or the Constitution. I mean, I always thought the Const. was the law of the land, but then I read about Article 88, and wouldn't that limit the 1st Amendment? So I figured that the military was just different and that you had to make some sacrifices, and then I hear that the UCMJ doesn't surpass the Constitution. I'm kinda confused and I really don't have the time to read through all 400+ pages of the UCMJ. A little help would be appreciated.

By the way, correct me if I'm wrong but in your enlistment papers there's a clause to the effect that "any assignment offered will be subject to the needs of the Navy/Marine Corps/Army/Air Force?"

In the UCMJ, a person can be limited regarding some "Liberties", but not "Rights". Example: A person in uniform, on post, cannot campaign for a political cause, party or candidate. However, off post and out of uniform a member of the military can attend a peaceful political assembly. You may not say anything derogatory about the President, your "Commander-in-Chief", but you may vote against him at the next election. It is the "Citizen Soldier" concept and its "duality" that can be confusing.

The military, by necessity must restrict or limit some of persons liberties - this you agree to when you join - but the military may not, ultimately deny a person their Constitutional Rights such as the right to deny self incrimination or the right to a speedy trial, or the right to be punished in a manner that is not cruel or unusual.

By the way, correct me if I'm wrong but in your enlistment papers there's a clause to the effect that "any assignment offered will be subject to the needs of the Navy/Marine Corps/Army/Air Force?"

Exactly.

Some references that might help:

FM 27-1 LEGAL GUIDE FOR COMMANDERS, 13 JAN 1992 384)
FM 27-10 THE LAW OF LAND WARFARE, 18 JUL 1956 , CHANGE 1, 15 JUL 76 385)
FM 27-14 LEGAL GUIDE FOR SOLDIERS, 16 APR 1991 386)
FM 27-100 LEGAL SUPPORT TO OPERATIONS, 01 MAR 2000

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