Posted on Jan 12, 2021
How do we resolve the conundrum that in our oath, we support and defend the Constitution, yet obey the orders of the president?
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Do we rely on the "lawful order" argument?
Posted 4 y ago
Responses: 6
For the Commissioned Officer side, the Oath is only to the Constitution - not to obey the President.
We rely on the "obey the orders of the Officers appointed over me" to keep that all in line with the Constitution.
We rely on the "obey the orders of the Officers appointed over me" to keep that all in line with the Constitution.
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MSG Felipe De Leon Brown
The president is the CinC and has to be faithful to the Oath of office. If the CinC violates the Oath, they can be impeached and removed. No member of the military is obligated to obey any unlawful order. Several individuals with whom I butted heads found out quickly that I knew and understood the UCMJ a lot more than they did.
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But the Officer Oath is to the Constitution, and doesn't mention the President. So in the rare exception of a Direct Order by the President to Enlisted personnel all orders are filtered through the President to Officers who swore loyalty to the Constitution directly.
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