The American Legion is federally chartered by Congress, authorizing the unincorporated organization to proceed to the adoption of a constitution and bylaws, elect officers “and do all other things necessary” as outlined in U.S. Code, Title 36, Chapters 41-50.

Under Chapter 43, “Purposes of corporation,” much of the language is borrowed from the original draft Preamble to The American Legion Constitution with some notable deviations, such as “to promote peace and good will among the peoples of the United States and all the nations of the earth” and “to cement the ties and comradeship born of service.”

The charter outlines the powers and authority of the organization, membership criteria, naming rights, exclusivity to manufacture and use The American Legion emblem (as yet unpatented), and a requirement that “the organization shall be nonpolitical and, as an organization, shall not promote the candidacy of any person seeking public office.”