Final answer:
The legal restrictions on military personnel involve constitutional prohibitions on states maintaining armies or waging war without Congress's consent, as well as various laws and directives governing non-discrimination and service eligibility within the military. Transgender individuals, for instance, were barred from military service until recent policy changes allowed them to serve openly. Individuals who have engaged in actions against the Constitution are barred from holding military office unless Congress removes such disqualification.
Step-by-step explanation:
The question concerns the legal constraints on military personnel and states regarding their actions and authority under federal law. As outlined by various laws and constitutional provisions, military personnel and States have specific prohibitions and obligations.
For instance, Section 10 Clause 3 of the U.S. Constitution specifies that States are not permitted to maintain standing armies or engage in war without Congressional approval, but they can maintain militias for emergencies under federal oversight. Additionally, Defense Directive 1304.26 formerly outlined policies regarding non-discrimination in the military but also helped establish 'Don't Ask, Don't Tell,' which was repealed in 2011, lifting restrictions on gay, lesbian, and bisexual individuals from serving openly. Moreover, in 2021, the prohibition on transgender individuals serving in the military was also lifted, allowing them to serve without restrictions.
Furthermore, the prohibition against laws respecting an establishment of religion clarifies that government should not enforce religious practices, which extends to military contexts as well. United States v. Miller addresses the regulation of weapons in connection to a well-regulated militia. Also, employment discrimination based on various factors, including military status, is forbidden by law within the federal government and its contractors since 1965.
Lastly, any person who has engaged in insurrection or rebellion, or provided aid to enemies of the United States, and has previously sworn an oath to support the Constitution, is barred from holding any civil or military office under the U.S. unless Congress removes this ineligibility.