Section 1 a “Blueprint” for the 21st Century Purpose

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.