Posted on Dec 8, 2013
LTC Program Manager
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If at some point some president orders the military to attack a country without congressional approval is it a legal order?
What if he orders the military to attack Canada? Does the military execute this order for 60 days assuming congress never approves?
What order could be given, what war started that would cross the line to an illegal order?
Posted in these groups: Ethics logo EthicsUcmj UCMJ
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Responses: 6
MCPO Roger Collins
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"The War Powers Act, also known as the War Powers Resolution of 1973, requires the following: the President, upon sending troops into military action, must notify Congress within 48 hours that he has done so. The Resolution also forbids military personnel from remaining in a state of conflict for more than 60 days (including an additional 30 days for withdrawal). After that, the President must seek an additional authorization from Congress or a formal declaration of war."

What is the old saying, "Ours is not to wonder why, ours is but to do or die".
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Maj Clinical Psychologist
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"Ours is not to wonder why, ours is but to do or die" was not a successful defense at the Nuremburg trials.
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MCPO Roger Collins
MCPO Roger Collins
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Maj (Join to see) - Oookay, that is a possible interpretation of what I posted.
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Maj Clinical Psychologist
Maj (Join to see)
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MCPO Roger Collins - Yes it is... I'm not sure how else to interpret that particular quote within the context of your citation of the War Powers Act....
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MCPO Roger Collins
MCPO Roger Collins
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Maj (Join to see) - I will understand your position much more after you have led your troops into battle.
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SGT William Howell
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An order can be illegal and you preform it and not be held legally responsible. You have to KNOW the order to be illegal in order to refuse it. If you have doubts as to wither the order is legal then you must preform it.

Invading Canada? Lawful because you cannot prove it is not. Precedence has been set over history that congressional approval is not needed. Is it really lawful? That will be up to the courts to decide. Until they do, it is believed to be. Besides until they take Bieber back they are a hostile country in my book.
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LTC Program Manager
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That's what scares me but I agree with your entire post except that no one can be expected to take that guy back, I'm sure they're thrilled to be rid of him.
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SGT William Howell
SGT William Howell
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LTC (Join to see) Yes! Who knows when it said on Lady Liberty, "The Tired, Poor, Huddled Masses", that she also meant to take douche bags.
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CW2 Joseph Evans
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Depends on who you talk to. Some consider the continued occupation of Afghanistan to be an illegal order. Certain interrogation techniques advocated by the Bush administration. The use of drug money to move weapons between Iran and the Contras under President Reagan. The mobilization of Federal Troops to stand against local militias in the enforcement of potentially illegal actions like when Warren Harding used federal troops to support corporate managers during the "Battle of Blair Mountain" in 1921.
What is "illegal" can be highly subjective based on the mores and ethics of the age.
For example, if Obama were to use federal troops to side on disputes over fracking, eminent domain for oil pipelines, or property seizures based on GMO rulings, would you consider the action unilaterally illegal, or dependent on the side he took?
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