36 U.S.C. § 21701

Organization

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(a)Federal Charter.—The American Legion (in this chapter, the “corporation”) is a federally chartered corporation.(b)Perpetual Existence.—Except as otherwise provided, the corporation has perpetual existence.(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

21701(a)

36:41.

Sept. 16, 1919, ch. 59, §§ 1, 2, 41 Stat. 284.

36:42.

21701(b)

36:44 (words before 4th semicolon related to perpetual succession).

Sept. 16, 1919, ch. 59, § 4 (words before 4th semicolon related to perpetual succession), 41 Stat. 285; June 26, 1953, ch. 153, § 1, 67 Stat. 82.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary and obsolete language.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2008–2023 · leading case: Am. Legion Post 149 v. WASH. DEPT. OF HEALTH, 192 P.3d 306 (Wash. 2008).
Am. Legion Post 149 v. WASH. DEPT. OF HEALTH, 192 P.3d 306 (Wash. 2008). “The American Legion is a corporation established by federal statute, 36 U.S.C. § 21701 (a), for the purposes of upholding and defending the constitution, promoting peace and goodwill throughout the world, "preserv[ing] the memories and incidents of the 2 World Wars and the other…”
Am. Legion Post No. 149 v. Dep't of Health, 164 Wash. 2d 570 (Wash. 2008). “The American Legion is a corporation established by federal statute, 36 U.S.C. § 21701 (a), for the purposes of upholding and defending the constitution, promoting peace and goodwill throughout the world, “presenting] the memories and incidents of the 2 World Wars and the other…”
Davis v. The Am. Legion, Dep't of Vermont, 2014 VT 134 (Vt. 2014). “The American Legion is a federally chartered corporation, 36 U.S.C. § 21701 (a), whose membership is limited to those who served in the Armed Forces.”
Daniel A. Bernath v. The Am. Legion, 704 F. App'x 917 (11th Cir. 2017). “And The American Legion, as a federally chartered corporation, 36 U.S.C. § 21701 , is not considered a citizen of any state “unless [its] activities [are] sufficiently ‘localized’ in one state,” See Loyola Fed.”
Oklahoma Am. Legion Corp. v. Am. Legion, 24 F. Supp. 3d 1082 (W.D. Okla. 2014). “Background Plaintiff Oklahoma American Legion Corporation is an Oklahoma corporation and a state chapter of Defendant The American Legion, which is a federally chartered corporation organized pursuant to 36 U.S.C. § 21701 et seq. Under Defendant’s constitution and by-laws, the…”
Dunlap v. The Am. Legion (E.D. Pa. 2020). · cites it 2× “) As noted above, Plaintiff seeks damages “in an amount in excess of $50,000, plus interest, costs, attorney fees, and any other relief deemed appropriate by the court[,]” (Compl.”
Aix Specialty Ins. Co. v. Am. Legion Dep't of Pennsylvania (E.D. Pa. 2022). “Genuine disputes of material fact also exist as to whether the Department misrepresented material facts to procure coverage.”
Rogers v. Relitz (E.D. Wis. 2022). “” 36 U.S.C. §21701 . The Supreme Court has held that “a private corporation established under Federal law” is not “a governmental actor to whom the prohibitions of the Constitution apply.”
Rogers, Caleb v. Relitz, Scott (W.D. Wis. 2023). “See 36 U.S.C. § 21701 ; see also Rogers, 2022 WL 17082035 , at *3; Wright v.”
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