I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic;
Those are the first words of the solemn oath all members of the U.S. military take upon enlistment and reenlistment.
The oath continues...
that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
Notice... the Constitution comes first...
Notice... the Constitution comes second as well via "that I will bear true faith and allegiance to the same..."
(*SHRUG*)
"Third" comes "and" - as in "and that I will obey the orders of the President of the United States and the orders of the officers appointed over me..."
Question: Is not "legal orders" the assumption we must make? (For if not... well... all I can do is direct you to Google or Bing the German phrase "Befehl ist Befehl.")
Bottom line... if President Obama orders our military to attack Syria... our generals and admirals should stand by their oaths... by the Constitution... and refuse.
Resignation would of course shield them from legal jeopardy, but the more principled path would be to simply refuse to carry out illegal presidential orders and face the consequences.
Would Obama then have those who refuse arrested? For the sake of my point let us assume the answer is "yes."
Would Obama then order more pliable, less principled military officers to attack Syria? Perhaps. Or perhaps not. How would enlisted personnel react to such a scenario?
In any case, by refusing to obey illegal orders our top military brass would do this nation an invaluable service by forcing Congress to act to either reclaim its own Constitutional prerogatives or to formally renounce them.
(Which of course would leave it to the Supreme Court upon inevitable appeal by Constitutionist House Members and Senators to rule upon whether Congress has the right to renounce its Constitutional duties absent Constitutional Amendment.)
Understand my friends, I'm not calling for a military coup against the President. I'm calling for our military - and our Congress and our Executive Branch and our Supreme Court - to... stand... by... our Constitution and against what amounts to a threatened Constitutional coup by President Barack Hussein Obama.
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