Post 1976 Constitution
CONSTITUTION
Of
Bicentennial Post No. 1976, Inc.
The American Legion
Department of Virginia
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 one hundred percent Americanism; to preserve the memories and incidents of our association in all 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 prosperity the principles of justice, freedom, and democracy; and to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.
ARTICLE I – NAME
Section 1: The name of this organization shall be Bicentennial Post No. 1976, Inc., The American Legion, Department of Virginia.
ARTICLE II – OBJECTIVES AND GOALS
Section 1: The objectives and goals of this Post shall be to promote the principles and policies as set forth in the forgoing preamble and the National Constitution of The American Legion and Constitution of the Department of Virginia.
ARTICLE III – NATURE
Section 1: This Post is a civilian organization and membership therein does not affect or increase liability for military or police service.
Section 2: This organization shall be absolutely non-political 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. No candidate for nomination or election to, or no incumbent of, any remunerative elective office, shall hold any elective office or any appointive office in this Post. Membership in any of the Post standing committees shall not be affected.
Section 3: Rank does not exist in The American Legion. No member shall be addressed by a military or naval title in any meeting of this Post.
Section 4: No military emblem of present or prior rank shall be permitted on the cap or uniform of any member of this Post. The emblem denoting branch of service is authorized to be worn on the cap.
ARTICLE IV – MEMBERSHIP
Section 1: Eligibility for membership in this Post shall be as prescribed by the National Constitution of the American Legion.
Section 2: No eligible person shall be denied membership in this Post because of gender, sexual orientation, race, color, religion, or national origin.
Section 3: Application for membership shall be made as prescribed by The American Legion.
Section 4: Any member of this Post may be expelled or suspended for cause in accordance with the provisions outlined in the By-Laws of the Department of Virginia.
Section 5: No person who has been expelled by a Post shall be admitted to membership of this Post without the consent of the expelling Post, except that where such consent has been asked for and denied by such Post, applicant may then appeal to the State Executive Committee of the Department of the expelling Post for permission to apply for membership in this Post and shall be ineligible for membership until permission is granted.
ARTICLE V – OFFICERS
Section 1: The corporate functions and administrative affairs of this Post of The American Legion shall, except as may be otherwise provided by the By-Laws, be under the supervision of an Executive Committee, which shall consist of the elected officers of the Post, the Adjutant and the Club Manager/Administrator. The term of office of members of the Executive Committee shall be for one year. The Post, by its By-Laws, may provide for such other standing committees as the business of the organization may require.
Section 2: The elected officers of this Post shall be a Commander, First, Second, and Third Vice Commanders, a Finance Officer, a Historian, a Chaplain, a Service Officer, and a Sergeant-At-Arms. The Adjutant shall be selected by the incoming Commander and approved by the incoming Executive Committee.
Section 3: All officers, except for the Post Adjutant, shall be elected annually and shall hold office until their successors are duly installed, or as otherwise provided. Any officer or member of the Executive Committee may be removed for inefficiency by a two-thirds vote by the Executive Committee.
Section 4: Every member of this Post that is in good standing shall be eligible to hold office in the Post, except as otherwise provided in Article III, Section 2 hereof.
Section 5: The duties of officers and members of the Executive Committee shall be those usually appertaining to such officers or positions and as further provided in the By-Laws.
ARTICLE VI – FINANCE
Section 1: The revenue of this Post shall be derived from membership or initiation fees, annual membership dues, and from such other sources as may be approved by the Executive Committee.
Section 2: The amount of such membership or initiation fees, and the amount of such annual Post dues, shall be fixed and determined by this Executive Committee.
Section 3: The Post shall pay to Department Headquarters, the National and Departmental annual membership dues for every member of the Post.
ARTICLE VII – CHARTER MEMBERS
Section 1: Members who joined this Post prior to the issuance of the charter shall be known as charter members.
ARTICLE VIII – THE AMERICAN LEGION AUXILIARY
Section 1: This Post recognizes an auxiliary organization to be known as The Auxiliary Unit of Bicentennial Post No. 1976, Inc., The American Legion.
Section 2: Membership in the Auxiliary shall be as prescribed by the National Constitution of The American Legion Auxiliary.
ARTICLE IX – SONS OF THE AMERICAN LEGION
Section 1: The Post recognizes a sub-committee and organization to be known as the Sons of The American Legion, Bicentennial Squadron Post 1976, Inc., The American Legion.
Section 2: Membership in the Sons of The American Legion shall be as prescribed in the National Constitution of the Sons of The American Legion.
ARTICLE X – AMERICAN LEGION RIDERS
Section 1: The Post recognizes a sub-committee and organization to be known as American Legion Riders, Chapter 1976, Department of Virginia.
Section 2: Membership in the American Legion Riders shall be as prescribed in their Charter and regulations as issued by the National Executive Committee of the American Legion.
ARTICLE XI – AMENDMENTS
Section 1: This Constitution is adopted subject to the provisions of the National Constitution of The American Legion and of the Department Constitution of the Department of Virginia, The American Legion. Any amendment to said National Constitution or Department Constitution which conflicts with any provisions hereof shall be regarded as automatically repealing or modifying the provision of this Constitution to the extent of such conflict.
Section 2: This Constitution may be amended at any regular Post Meeting by vote of two-thirds of the members of said Post attending and voting in said regular meeting provided that the proposed amendment shall have been submitted in writing and read at the next preceding regular meeting of said Post, and provided further, that written notice shall have been given to all members at least ten days in advance of the date when such amendment is to be voted upon, notifying said members that at such meeting a proposal to amend the Constitution is to be voted on.