U.S. Code
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Title 36
» Subtitle Subtitle II— Patriotic and National Organizations › Part Part B— Organizations › Chapter CHAPTER 217— THE AMERICAN LEGION
36 U.S.C. § 21704
Powers
The corporation may—(1) adopt a constitution, bylaws, and regulations to carry out the purposes of the corporation;(2) adopt and alter a corporate seal;(3) establish and maintain offices to conduct its activities;(4) establish State and territorial organizations and local chapter or post organizations;(5) provide guidance and leadership to organizations and local chapters established under paragraph (4), but may not control or otherwise influence the specific activities and conduct of such organizations and local chapters;(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;(7) publish a magazine and other publications;(8) sue and be sued; and(9) do any other act necessary and proper to carry out the purposes of the corporation.(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1297; Pub. L. 112–66, § 1, Dec. 13, 2011, 125 Stat. 768.)Historical and Revision Notes |
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21704 | 36:44 (words before 4th semicolon less perpetual succession, words after 5th semicolon). | Sept. 16, 1919, ch. 59, § 4 (words before 4th semicolon less perpetual succession, words after 5th semicolon), 41 Stat. 285; June 26, 1953, ch. 153, § 1, 67 Stat. 82. |
| 36:47. | Sept. 16, 1919, ch. 59, § 7, 41 Stat. 285. |
In this section, the text of 36:47 is omitted as executed and obsolete.
In clause (1), the words “not inconsistent with the laws of the United States or of any State” are omitted as unnecessary.
In clause (2), the words “at pleasure” are omitted as unnecessary.
In clause (3), the word “activities” is substituted for “business” for consistency in the revised title.
Clause (5) is substituted for “to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes” for consistency in the revised title and to eliminate unnecessary words.
In clause (7), the words “in courts of law and equity” are omitted as unnecessary.
In clause (8), the words “do any other act” are substituted for “generally to do any and all such acts and things” for consistency in the revised title and to eliminate unnecessary words.
Editorial NotesAmendments2011—Pars. (5) to (9). Pub. L. 112–66 added par. (5) and redesignated former pars. (5) to (8) as (6) to (9), respectively.
Notes of Decisions
Urban v. Am. Legion Dep't of Minnesota, 723 N.W.2d 1 (Minn. 2006).
· cites it 2× “36 U.S.C. § 21704 (2002). Pursuant to this grant of power, National has adopted its own constitution and bylaws and has created state chapters (the departments) in each state and in various other locations (55 departments altogether).”
Oklahoma Am. Legion Corp. v. Am. Legion, 24 F. Supp. 3d 1082 (W.D. Okla. 2014).
· cites it 2× “Plaintiffs’ Motion seeks a preliminary injunction based on a likelihood of success on two claims: 1) Defendant’s alleged violation of 36 U.S.C. § 21704 (5); and 2) Defendant’s alleged denial to the Department of contractual due process.”
Wright v. Am. Legion Dep't of Oklahoma, Inc. (N.D. Okla. 2021).
“In 36 U.S.C. § 21704 (4), the American Legion is granted the power to “establish State and territorial organizations and local chapters or post organizations,” and in § 21705, Congress granted American Legion and its “local subdivisions” the exclusive right to use the name…”
Dunlap v. The Am. Legion (E.D. Pa. 2020).
“2006) (explaining the American Legion corporate structure such that “pursuant to [the] grant of power [in 36 U.S.C. § 21704 ], National [American Legion] has adopted its own constitution and bylaws and has created state chapters (the departments) in each state and in various…”
Antwan White v. The Am. Legion - Indiana Branch (Ind. Ct. App. 2025).
“” 36 U.S.C. § 21704 (4)– (5). Instead, the individual local posts and the departments have their own governing documents that are separate and apart from ALI, and therefore, the local posts, including Post #354, “operate under their own constitutions and Court of Appeals of…”
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