Posted on Jan 16, 2021
SSG Motor Transport Operator
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Is there a moment where the US armed forces not partake in decisions made by congress when things get to political? What if they are wanting actions to occur by our military when they go against the people and the constitution? Is it even the us military anymore at that point? Question stems from an uncertain near future with the new “leadership” that we now have. Just asking out of curiosity
Posted in these groups: Imgres ConstitutionUcmj UCMJ
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Maj Dale Smith
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Something to ponder: For enlisted troops once every 3-4 years, or for officers at commisioning: you raised your right hand and repeated an oath that included, "I will support and defend the Constitution of the United States against all enemies, foreign and domestic...". By reading and knowing the constitution, the Bill of Rights, the articles of the Constitution and the amendments there to, you will then be able to determine whether an action you perform is defending the constitution. Keep in mind that there are covert operations that are performed by the US military for national defense and security. These actions are to preserve the integrity of our nation. Once you find that an operation is self serving or serves a select group, this has strayed beyond the intent of the Constitution. Unfortunately in this age, even interpretation of what seemed objective, has become subjective. The lines are murkey at best. When something like this is encountered, be sure you know the Constitution, discuss it with a trusted and knowledged friend, and then seek guidance from your superior. (S)he may have the answer or will offer to get one. Talk to your JAG, your chaplin or ADC for guidance. If all else fails, there are a number of military lobbying groups such as the American Legion or VFW, your home town congressman or the congressman from the district of your military base. You will find that a political atmosphere becomes more and more prevelent as you go up the ranks. God gave us free will, and although some of this free will was checked when you raised your right hand and "repeated after me", remember that the Decleration of Independence discusses the "Right to life, liberty and the persuit of Happyness". If you decide to persue a different path from that which your superiors have set, be sure you have all your "Ducks in a row" before you do so and consider your actions as viewed by not only yourself, but your peers and superiors and whether any action you take would encrouch on someone elses right to "Life, liberty and the persuit of happyness". I would appreciate anyone with a law background to weigh in on this.
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SSG(P) Danielle Birtha
SSG(P) Danielle Birtha
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Sadly... it's not possible to find a copy of the Constitution that is written as it is today... you can find the 1789 Constitution... and the Amendments... but that Constitution, with the changes applied where they belong, does not exist... which means confusion.
However... I spent the time, research, and effort to it all together... fact check it... archives.gov...
THE CONSTITUTION OF THE UNITED STATES OF AMERICA
(as of January 2021 with all amendments applied)

PREAMBLE:

SECTION 1: "We the People OF THE UNITED STATES, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and SECURE the Blessings of Liberty to Ourselves and our Posterity, do ordain and establish this Constitution FOR THE UNITED STATES OF AMERICA."

SECTION 2: "Congress of the United States begun and held at the City of New York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, IN ORDER TO PREVENT MISCONSTRUCTION OR ABUSE of its powers, that FURTHER DECLARITORY AND RESTRICTIVE CLAUSES should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, AS AMENDMENTS TO the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, TO BE VALID TO ALL INTENTS AND PURPOSES, AS PART OF THE SAID CONSTITUTION; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution."

AMENDMENT I: "Congress shall make NO LAW respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people PEACEABLY to ASSEMBLE, and to PETITION the Government for a REDRESS OF GRIEVANCES."

AMENDMENT II: "A WELL REGULATED Militia, being NECESSARY to the SECURITY of a FREE STATE, the Right of the People to keep and bear Arms, shall NOT be INFRINGED."

AMENDMENT III: "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."

AMENDMENT IV: "The RIGHT of the People TO BE SECURE in their PERSONS, HOUSES, PAPERS, AND EFFECTS, against UNREASONABLE searches and seizures, shall NOT be violated, and NO Warrants shall issue, but upon Probable Cause, SUPPORTED by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

AMENDMENT V: "NO PERSON shall be held to answer for a Capital, or otherwise Infamous Crime, UNLESS on a presentment or indictment of a GRAND JURY, except in cases arising in the land or naval forces, or in the Militia {Uniform Code of Military Justice Regulates U.S. Armed Forces via Courts Martial vs Grand Jury}, when in actual service in time of War or public danger; nor shall any person be subject for the SAME OFFENSE to be TWICE put in jeopardy of life or limb; NOR SHALL BE COMPELLED in any criminal case to be a WITNESS AGAINST HIMSELF, NOR BE DEPRIVED of Life, Liberty, or Property, WITHOUT DUE PROCESS OF LAW; NOR shall private property be taken for public use, without JUST compensation."

AMENDMENT VI: "In ALL criminal prosecutions, the accused SHALL ENJOY the RIGHT to a speedy and public trial, by an IMPARTIAL jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be INFORMED of the nature and cause of the ACCUSATION; to be CONFRONTED with the witnesses against him; to have COMPULSARY PROCESS for obtaining witnesses in HIS FAVOR, and to HAVE the Assistance of Counsel for HIS DEFENSE."

AMENDMENT VII: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."

AMENDMENT VIII:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

AMENDMENT IX:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

AMENDMENT X:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

CONSTITUTION ARTICLES:

Article I.

Section 1.
ALL LEGISLATIVE POWERS herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2.
1. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

2. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

3. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the [male] inhabitants of such State, being [twenty-one] EIGHTEEN years of age, and citizens of the United States, or in any way abridged, EXCEPT FOR participation in REBELLION, OR OTHER CRIME, the basis of representation therein shall be reduced in the proportion which the number of such [male] citizens shall bear to the whole number of [male] citizens [twenty-one] EIGHTEEN years of age in such State.

*** U.S. CITIZEN RIGHT TO VOTE:
[AMENDMENT XXVI] ADDS:
"The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age."
[AMENDMENT XV (Section 1): ADDS:
"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."
[AMENDMENT XIX]: ADDS:
"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."
[AMENDMENT XXIV]: ADDS:
"The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax."

4. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

** Clause 5. The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3.
1. The Senate of the United States shall be composed of two Senators from each State, (chosen by the Legislature thereof,) for six Years; and each Senator shall have one Vote.
{Amendment XXVII Amends by adding: (text in parentheses)}

2. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; (and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.)
{Amendment XXVII Amends by adding: (text in parentheses)}

3. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen."

4. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

5. The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

6. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation TO BE IMPARTIAL. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

7. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

--> AMENDMENT XIV - ADDS CLAUSE:
"5. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."

Section 4.
1. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.

--> AMENDMENT XX - ADDS CLAUSE:
"2. The Congress shall assemble at least once in every year, and such meeting shall BEGIN AT NOON ON THE 3RD DAY OF JANUARY, unless they shall by law appoint a different day."

Section 5.
1. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

2. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

3. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

4. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section 6.
1. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, EXCEPT TREASON, FELONY AND BREACH OF PEACE, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

2. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

--> AMENDMENT XXVII - ADDS CLAUSE:
"3. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened."

Section 7.
1. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

2. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

3. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section 8.
1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all * Duties, Imposts and Excises shall be uniform throughout the United States;

2. To borrow Money on the credit of the United States;

3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

7. To establish Post Offices and post Roads;

8. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

9. To constitute Tribunals inferior to the Supreme Court;

10. To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

13. To provide and maintain a Navy;

14. To make Rules for the Government and Regulation of the land and naval Forces;

15. To provide for calling forth the Militia to execute the Laws of the Union, SUPPRESS INSURRECTIONS and REPEL INVASIONS;

16. To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

17. To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

18. [AMENDMENT XXIII] ADDS:
Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

19. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 9. (CONGRESS SHALL... NOT)

1. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

2. The PRIVILEGE of the Writ of Habeas Corpus shall NOT be suspended, UNLESS WHEN IN CASES OF Rebellion or INVASION the public Safety may require it.

3. NO BILL OF ATTAINDER OR EX POST FACTO LAW SHALL BE PASSED.

[AMENDED --> 4. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken. {Clause 4 AMENDED Entirely by Amendment XVI}]
--> AMENDMENT XVI:
4. "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."

5. No Tax or Duty shall be laid on Articles exported from any State.

6. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

7. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

8. NO TITLE OF NOBILITY shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, WITHOUT THE CONSENT OF CONGRESS, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section 10.
1. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

2. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress.

3. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article II.
Section 1.
1. The executive Power shall be vested in a President of the United States of America.
He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

2. Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

3. [Amendment XII]: The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, (--> OBSOLETE and in distinct ballots the person voted for as Vice-President. <-- OBSOLETE) , and they shall make distinct lists of all persons voted for as President, (--> OBSOLETE and of all persons voted for as Vice-President,. <-- OBSOLETE) and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;

4. [Amendment XII]: The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.

5. [Amendment XX: Section 3.]: If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

--> THE V.P. IS NOT SELECTED BY VOTE, THE V.P. IS CHOSEN BY THE POTUS!!
6. [Amendment XII]: --> OBSOLETE The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. <-- OBSOLETE But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

7. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

8. No Person except a NATURAL BORN CITIZEN, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of THIRTY FIVE YEARS, and been FOURTEEN YEARS a Resident within the United States.

[AMENDMENT XXII] ADDED CLAUSE:
"No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term."

9. [AMENDMENT XXV ADDS]:
Section 1. "In case of the removal of the President from office or of his death or resignation, the Vice President shall become President."
Section 2. "Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress."
Section 3. "Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President."
Section 4. "Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President."
"Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office."

10. [AMENDMENT XX - Section 4: "The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them."

11. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

12. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Section 2.
1. The President shall be COMMANDER IN CHIEF of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

2. He shall have Power, by and with the Advice and Consent of the SENATE, to MAKE TREATIES, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the SENATE, shall APPOINT AMBASSADORS, other public Ministers and Consuls, JUDGES of the Supreme Court, and ALL OTHER OFFICERS of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

3. The President shall have Power to FILL up all VACANCIES that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section 3.
He shall from time to time give to the Congress Information of the STATE OF THE UNION, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall RECEIVE AMBASSADORS and other public Ministers; he shall TAKE CARE THAT THE LAWS BE FAITHFULLY EXECUTED, and shall COMMISSION all the Officers of the United States.

Section 4.
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article III.

Section 1.
The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2.
1. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

2. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

[AMENDMENT XI - ADDS CLAUSE:
"3. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."

4. The Trial of all Crimes, except in Cases of Impeachment, SHALL BE BY JURY; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3.
Treason AGAINST THE UNITED STATES, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article IV. (YOUR RIGHTS AS A CITIZEN OF THE U.S.)

Section 1.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section 2.
THE CITIZENS OF EACH STATE SHALL BE ENTITLED TO ALL PRIVILEGES AND IMMUNITIES OF CITIZENS IN THE SEVERAL STATES.

[AMENDMENT XIII - ADDS CLAUSE:
"2. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist WITHIN the United States, or ANY PLACE SUBJECT TO THEIR JURISDICTION."

[AMENDMENT XIV (Section 1): ADDS CLAUSE:
"3. ALL PERSONS born or naturalized in the United States, and subject to the jurisdiction thereof, ARE CITIZENS OF THE UNITED STATES and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the EQUAL PROTECTION OF THE LAWS."

8. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

9. No Person held to Service or Labor in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labor, but shall be delivered up on Claim of the Party to whom such Service or Labor may be due.

Section 3.
1. New States MAY BE admitted by the Congress into this Union; BUT NO new State shall be formed or erected within the Jurisdiction of any other State; NOR any State be formed by the Junction of two or more States, or Parts of States, WITHOUT the Consent of the Legislatures of the States concerned as well as of the Congress.

2. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section. 4.
1. The United States SHALL GUARANTEE to EVERY STATE in this Union a REPUBLICAN FORM OF GOVERNMENT, and SHALL PROTECT EACH of them AGAINST INVASION; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), AGAINST DOMESTIC VIOLENCE.

Article V.
--> MUST BE AMENDED TO PREVENT CONGRESSIONAL DICTATORSHIP!!!
"The Congress, whenever TWO THIRDS OF BOTH HOUSES shall deem it necessary, shall PROPOSE AMENDMENTS to this Constitution, OR, on the Application of the Legislatures of TWO THIRDS (67%) OF THE SEVERAL STATES, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of THREE FOURTHS (75%) of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate;

Article VI.
*AMENDED: "1. All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation."
--> AMENDED by 14th Amendment*

[AMENDMENT XIV (Section 4):
1. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, {{-->? OBSOLETE? or any claim for the loss or emancipation of any slave ?OBSOLETE? <--}} ; but all such debts, obligations and claims shall be held illegal and void.

2. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all TREATIES made, or which shall be made, under the Authority of the United States, SHALL BE THE SUPREME LAW OF THE LAND; and the Judges in EVERY State SHALL BE BOUND THEREBY, any Thing in the Constitution or Laws of any State to the Contrary not withstanding.

3. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, SHALL BE BOUND BY OATH OR AFFIRMATION, to SUPPORT this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

*******************************************************
--> THEIR OATHS...
--> U.S. Civil Servants:
“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; 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.” <-- ALL U.S. CIVIL SERVANTS ... except Military...

--> Oath of Enlisted U.S. Military:
"I, _____, do solemnly swear 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."

--> Naturalization Oath of Allegiance to the United States of America:
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."
**********************************************************

Article VII. (RATIFICATION: 17 September 1787)
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SSG(P) Danielle Birtha
SSG(P) Danielle Birtha
3 y
Feel free to share with your fellow citizens.
Definitions of words and terms that are not common knowledge:

The Constitution was written to validate and comply with this statement of the Declaration of Independence:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. "


dem·o·crat·ic /ˌdeməˈkradik/ adjective (NOT A NOUN!)
--> relating to or supporting democracy or its principles.
DEMOCRAT: Is someone who believes in the Liberal use of free Democracy.
... Democrats are NOT Liberals.
REPUBLICAN: Is someone who believes in Conserving the Strength and Unity of the Republic.
... Republicans are NOT Conservatives.
--> Politicians Party... We the people are NOT Politicians... we are U.S. CITIZENS... the OWNERS and MASTERS of this Nation... who SHOULD believe in the Liberal Use of Free Democracy... to Conserve the Strength and Unity of this Republic... as we command our SERVANTS... WITH THIS LAW!

*****--> {INSURRECTION ACT OF 1807} <--****************
(§252) "WHENEVER the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States IN ANY STATE by the ordinary course of judicial proceedings, he MAY CALL INTO FEDERAL SERVICE such of the MILITIA OF ANY STATE, and use such of the ARMED FORCES, as he considers necessary to ENFORCE THOSE LAWS or TO SUPPRESS THE REBELLION."
(§253) "The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—
(1)so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or
(2)opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution."
(§254) "Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time."

---> "Section 212(f) of the Immigration and Nationality Act of 1952 states: “WHENEVER the President finds that the entry of ANY ALIENS, OR ANY CLASS OF ALIENS into the United States would be DETRIMENTAL TO THE INTERESTS of the United States, HE MAY by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions HE MAY DEEM TO BE APPROPRIATE.”
--> POSSE COMITATUS DOES NOT APPLY <--
--> The definition of Invader IS an alien illegally entering a country not their own, to plunder that country, and go home... ipso facto... an illegal or criminal immigrant... is really an invader ;)

(Writ of ) Habeas corpus (/ˈheɪbiəs ˈkɔːrpəs; Medieval Latin meaning "[we, a Court, command] that you have the body [of the detainee brought before us]") is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

Bill of Attainder. A legislative act that singles out an individual or group for punishment without a trial.

ex post facto law. A law that makes illegal an act that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier.

Attainer of Treason / Corruption of Blood: "In ENGLISH (British) criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditary titles, but typically also the right to pass them on to one's heirs."

CHINA... IS... THE ENEMY! ... NO ONE ... IS ABOVE... THE LAW!

U.S. Code › Title 18 › Part I › Chapter 115 › § 2381 TREASON: "Whoever, OWING ALLEGIANCE TO THE UNITED STATES, levies war against them OR ADHERES TO THEIR ENEMIES, giving them AID AND COMFORT WITHIN THE UNITED STATES OR ELSEWHERE, IS GUILTY OF TREASON AND SHALL SUFFER DEATH, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States."

IF China is the Enemy... then... why are we allowing our Legislators to Legislate our Prosperous Blessings of Liberty... OUR JOBS... OUR MANUFACTURING AND FOOD PEOCESSING JOBS... TO CHINA... OUR ENEMY...
AND CONGRESS IS NOT HANGING BY THE NECK FROM NOOSES FOR THEIR HIGH TREASON OF ADHERING TO, AND GIVING AID AND COMFIRT OF OUR LIVES... TO CHINA OUR ENEMY????

WTF IS WRONG WITH THAT PICTURE?
IT'S MISSING GALLOWS WITH ALL OUR TRAITOROUS PUBLIC SERVANTS SWINGING IN THE BREEZE...
AS OUR FOUNDING FATHERS WOULD HAVE DONE, THE MOMENT THE TRAITORS SIGNED OUR NATION OVER TO THE DICTATOR RULERS OF THE 164 NATIONS OF THE WORLD TRADE ORGANIZATION >(
IGNORE THAT TREASON IF YOU WISH...
BUT DON'T COMPLAIN WHEN YOU FIND YOURSELF, AND YOUR POSTERITY... HOMELESS AND IMPOVERISHED BY LAW TO AID YOUR ENEMIES >(
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MSgt Mike P.
MSgt Mike P.
3 y
Well stated
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1SG James Kelly
1SG James Kelly
3 y
What can I say; there you go, girls showing up us Knuckle draggers again.
Don't know what we would do without them.
Thanks SSG.
:)
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MAJ Director
2
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This is a silly question. Go back and read your oath of enlistment or commissioning. Your answer lies within the words you spoke with your right hand raised.
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CPL Richard Sawyer
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When our American constitution is threatened by internal government forces, then loyalties to America MUST come first, not tp those that attack our constitution and the republic.
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PO1 Jeff Childs
2
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Our oath is to the Constitution, not Congress, and not to the President. Obama knew this. That is why he attempted to change the oath during his presidency, which caused quite an uproar. It is also worth noting that elected officials also take their oath to the Constitution. That they violate it does not demand that the military violate their oath.
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SP5 Larry (Lawrence) Pitman
SP5 Larry (Lawrence) Pitman
3 y
Like many rumors that begin with an article in some obscure magazine or newspaper,, this rumor originated in "Conservative News and Reporting". The first line reads, "Secretary of Defense Robert Gates is extremely frustrated with orders that the White House is contemplating..." Can you see the flaw...."with orders" and "contemplating"....which is it. These two words don't belong in the same sentence. None the less, the author clearly stated that his article was "satire" and not based on fact.
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MAJ Ken Landgren
2
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This is for you SGM Mickel. I see not only that you possess a low mental acuity but you also want to portray yourself as an unmitigated prick who says nothing of value.
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MSgt Mike P.
MSgt Mike P.
3 y
MAJ Ken Landgren I am sure your mom is so proud of your language, yell out and ask her, since you probably live in her basement (with a mouth like that)!!!
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MSgt Mike P.
MSgt Mike P.
3 y
MSgt Mike P. your language indicates low intelligence!
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MSgt Mike P.
MSgt Mike P.
3 y
MAJ Ken Landgren your language indicates low intelligence!
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MAJ Ken Landgren
MAJ Ken Landgren
3 y
Ok whatever u want to say is fine because it’s worthless. I am so stupid that I wrote a cookbook, a PTSD paper, a DTS Smart Book, and an SOP for a huge government agency how it will plan for national sister.

Now about you. You act like an internet stalker. You attack me and bitch about my language. Is it ok for you to attack me because u don’t use colorful language? Is that it? You attack people with nice word?

I see that you are very much focused on me and will take pot shots against me to include attacking me. I really don’t care what you say, because what you say is vapid and inconsequential. Carry on.
MSgt Mike P.
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SP5 Larry (Lawrence) Pitman
2
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We have 3 separate and coequal branches of government, and the military is not one of them. Our founding fathers created the Executive, Legislative, and judicial branches and it is their responsibility to provide the coequal leadership.
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SSG Dave Johnston
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Edited >1 y ago
Not in our nations history, ever... even the war of 1861 to 1865, which was politically motivated, over the interpretation of the US Constitution. The Military had to choose which side of the of the political debate at the time to be on... And it was an individual decision that each officer and enlisted service member had to make...

Ethos, yours vs theirs
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Maj Dale Smith
Maj Dale Smith
3 y
Interesting observation. What you need to remember is that the Civil War involved 13 states that conciously and deliberately placed themselves outside the Constitution by declaring themselves the CSA. They were recognized by France as a soverign country and thusly were not bound by the US Constitution. History has shown that the winners of war generally get to set the tone for reprisal and reperations. Until an individual renounces his American (US) citizenship, he is bound by the US constitution. If you renounce your citizenship, then you are in violation of the oath you took when you enlisted. This could then leave you open for sedition or treason. My suggestion would be to work as much of your problem through legal civil channels and get involved with veteran's groups such as the DAV and American Legion. They can work things for you that may make you appear polically motiviated if attempted on your own.
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SPC Erich Guenther
2
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Edited >1 y ago
I think a quick review of the questioning orders law is appropriate here since there are so many misinterpretations below by veterans and one by a self described lawyer. The law stems from the Nueremburg Trails specifically I believe (so called Nuremburg Defense). In which case the subject area is very narrow and involves around the commission of war crimes specifically on a battlefield. In my view the law has EL ZIPPO to due with low ranking individual soldiers determining Constutionality of said orders at a National Level. Active Duty Army is not responsible for Law Enforcement under Posse Commatatus act, so the presented scenario to begin with is very highly hypothetical. I would think Constitutionality of Orders determination would end at the Flag Officer level for Active Duty Army if they were charged with law enforcement and not under the direction of local Law Enforcement. Constittutionality should be determined at a higher level than paygrades E1-E5. Additionally the order has to be fairly obviously recognizable as unlawful in order, in regards to the laws of warfare (which have nothing to do with law enforcement)......... for the soldier to be charged with a war crime. This whole extension that it means a Soldier can disobey any order based on their interpretation of the law.........complete bullshit in my opinion. The Nuremburg directive is clear that individual morals come into play here as it relates to avoiding battlefield atrocities. Likewise the IDF has a similar reference to the Soldiers morals. Now a Police Officer is a different story as they are charged with enforcing laws and in their case they do have to determine the Constitutionality of the laws they are asked to enforce. I don't think a Soldier should be dong that at such a low paygrade. Someone should get a representative of JAG involved with this discussion. This guy is getting a LOT of bad input from overly political posters here that are not looking at this objectively.

The DC National Guard is under direction of local law enforcement and local law enforcement unless compromised should be making the Constututional calls on what laws are Constitutional.
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Wayne Soares
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Thanks for the question Sgt. Thompson
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SSgt Michael Bowen
1
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Edited >1 y ago
To Maj Ken L. I don't think you have any ground to stand on about being blocked You block people you don't like or agree with . You make post directed at me but blocked me so it's just a one sided opinion, yours . I very much know blm's ideology they have posted it . And i have read it . And that is just why one of the founders of blm left because it became mortally corrupt . And another has been arrested for human trafficking's and Prostitution ( pimping ) And yet another used their funding to buy a million+ dollar home in a mostly white neighborhood and a few other high end homes for family and friends . But did not help so much as one family or protested the murder of children killed in Minority communities by their own. And when the courts refuse to allow evidence to be presented it is in fact justice denied and that is just what they did . And what the Supreme court so called ruled on was that they were not going to hear the case . And their rulings were not based on fact or data it was based on their ideology and personal opinion . And there is only two reasons i can think of as to why they would do this . 1 Is they don't like Trump because he is not part of the good old boy swamp and 2 They didn't want the people to lose faith in our election system that they know has become completely compromised . Not allowing the evidence to be presented and not hearing the case is hardly making a ruling of no fraud . It just makes them complicit . It's also why democrats have done all they could to prevent an audit .
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