The 71-word oath that could save our democracy

[LiberalArkie]

Now that Donald Trump dispatched the American military to stop a peaceful protest against police killings of black men and declared he will do the same nationwide, a little-known fact about our military looms large.

Trump expects the American military, regular troops as well as National Guard and Reserve units, to do whatever he commands. Using the racist language of some 1960s southern police chiefs, Trump tweeted that this will include turning “vicious dogs” on protesters and “when the looting starts the shooting starts.”

Snip

Now, first, the oath Congress enacted for enlistment in our military:

“I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; 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.”

Snip

https://www.alternet.org/2020/06/the-71-word-oath-that-could-save-our-democracy/

The officers oath
5 U.S. Code § 3331. Oath of office
U.S. Code

An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath:

“I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

This section does not affect other oaths required by law.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424.)

[Siwsan]

1. But what if the orders from the so-called POTUS are counter to the Constitution.

As a veteran, my interpretation is, the so-called POTUS is a domestic enemy in the service of a foreign enemy. No doubt, at all, in my mind.

[LiberalArkie]

2. The article is very good at explaining it better than I could and gives past instances.

[Siwsan]

3. As soon as I get this sweet pepper planted in the garden, I'll read it. Thanks!

[WhiteTara]

4. that's why they put in the part

about following the Military Code which forbids following unlawful commands.

[Siwsan]

6. I've been dragging though my mind to when I took that oath, many years ago

And I always THOUGHT I remembered the word 'lawful' being directly in the oath, as in obey the LAWFUL orders of the President and officers appointed over me. I guess my belief in how it should be worded overrode reality.

I knew some really, really skeevy officers, during my time in the Navy. Including one, a Captain, who used to make porn videos, using "A" school students. I always wondered what sort of psychological pressure he used to get cooperation. And, btw, we found proof he was doing this when a training session was taped over a part of one of his 'masterpieces' but that training session didn't last quite as long as his recreational one. Students were viewing the tape and it ran long enough for everyone to get an eyeful.

That Captain, who was in CHARGE OF THE SCHOOL, was simply transferred elsewhere. Fortunately, his replacement was a good man.

[Coleman]

7. Who ultimately decides if it was an illegal command?

The soldier? The service Chief of Staff? ... I will be the panel chosen for the court martial. So until the court martial determines that it was an illegal order, the soldier will sit in the brig. Just think of the possibility of the "jury" being a little biased, since it is mostly officers and sr. NCOs.

And if it is a lot of people refusing orders, then Butthole will have military tribunals.

[Chainfire]

5. There has been 45 Presidents

there is but one Constitution.

I took the oath, I have always honored it. It would violate the spirit of the oath to support a criminal because he is also the president.

The world will not be destroyed by those who do evil, but by those who watch them without doing anything. – Albert Einstein