Posted on Sep 16, 2014
Do you believe that the Federal Government has violated the Constitution, and if so, how do you feel we should address these violations.
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Do you feel our Constitution has been violated? If so, how? What can we do to correct the wrong? Should members of the three branches of government (or at the very least the Executive Branch) be held accountable to the UCMJ since we are still at war with terrorists?
Posted in these groups: 
Military Intelligence
Military Intelligence
Posted 10 y ago
Responses: 10
I try to avoid these threads, but I will derail it for a bit. PO1 Steven Kuhn, why do you think that the three branches of government would be accountable to UCMJ? The only active duty military I ever see on the Hill are the MILDEPS, Aides, and those having to testify/provide info. Last I checked, the President, Senators, Congressmen/women, and Justices are not part of the military.
Now, accountable to established Federal Law, I agree.
Now, accountable to established Federal Law, I agree.
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PO1 Steven Kuhn
As Commander in Chief of our Armed forces, if I would have had sex with someone other than my wife, or while on duty, I would have been subject to the UCMJ. If these people are in our chain of command, and we have to be influenced by them or follow their orders, then they should know how to lead and be subject to the same set of rules as we are.
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COL Randall C.
PO1 Steven Kuhn, understand your point of view, but the bottom line is that it doesn't work that way. POTUS, SECDEF, and SECARMY are all civilian personnel. The only way that either of them would be subjected to UCMJ is if they retired off of active duty.
However, aside from 'good of the service' type of articles within UCMJ, the majority is in line with federal laws which they are subject to (Article 2 of 10 USC 802 shows who is subjected to UCMJ - http://www.law.cornell.edu/uscode/text/10/802)
However, aside from 'good of the service' type of articles within UCMJ, the majority is in line with federal laws which they are subject to (Article 2 of 10 USC 802 shows who is subjected to UCMJ - http://www.law.cornell.edu/uscode/text/10/802)
10 U.S. Code § 802 - Art. 2. Persons subject to this chapter | US Law | LII / Legal Information...
In clause (1), the words “Members of” are substituted for the words “All persons belonging to”. The words “all” and “the same” are omitted as surplusage. The word “when” is inserted after the word “dates”.
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PO1 Steven Kuhn
Thank you for this information. I still believe that if you lead our armed forces you should 1) have served, and 2) be held accountable to the same or higher standards than the military you lead. A favorite quote from a comic book I used to enjoy says with great power comes great responsibility....
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PO1 Steven Kuhn
I feel the government has violated many American's rights. The question refers to their blatant violation of their oath to support the Constitution and what should be done about it....
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I don't believe that the Federal Government "has violated the Constitution", however, I believe that it has grown far beyond the scope of limited government intended under the terms of the Constitution. It didn't happen overnight. Indeed, it has been growing cancer-like for the past 100 years. To be honest, the first symptoms can be traced back to the Administration of George Washington.
Washington feared that British fur traders were stirring up trouble with the American Indians and set up govt run trading companies to compete with them. Of course, like all govt run businesses, they failed, a waste of money. Astor set up private trading companies and grew wealthy trading furs with the Indians and selling them for a profit (at prices consumers were willing to pay because they felt they were getting a true value). In other words, capitalism beat our crony-capitalism. It does every time.
Need more evidence? Look at Lincoln's transcontinental railroad. Lincoln was a railroad attorney and he proved where his allegiance lay. Crony capitalists garnered fortunes with federal licenses to sell land in exchange for building a subpar railroad. It would be replaced by better railroads built by real capitalists.
There you have it. Our two greatest Presidents fell victim to the impulse to overreach their constitutional mandates and failed each time. How could we expect more from lesser presidents?
How do we fix it? Simply place a copy of the Constitution next to a chart of federal bureaus and bureaucracies and begin checking off the ones that are not directly related to a valid function of government. Then eliminate those. Easy-peasy...
Washington feared that British fur traders were stirring up trouble with the American Indians and set up govt run trading companies to compete with them. Of course, like all govt run businesses, they failed, a waste of money. Astor set up private trading companies and grew wealthy trading furs with the Indians and selling them for a profit (at prices consumers were willing to pay because they felt they were getting a true value). In other words, capitalism beat our crony-capitalism. It does every time.
Need more evidence? Look at Lincoln's transcontinental railroad. Lincoln was a railroad attorney and he proved where his allegiance lay. Crony capitalists garnered fortunes with federal licenses to sell land in exchange for building a subpar railroad. It would be replaced by better railroads built by real capitalists.
There you have it. Our two greatest Presidents fell victim to the impulse to overreach their constitutional mandates and failed each time. How could we expect more from lesser presidents?
How do we fix it? Simply place a copy of the Constitution next to a chart of federal bureaus and bureaucracies and begin checking off the ones that are not directly related to a valid function of government. Then eliminate those. Easy-peasy...
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PO1 Steven Kuhn
I think another way to fix it is too teach the truth about America's true founding and history in our schools in depth. Maybe it would unite Americans and cause them to share a greater pride in their country...
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CPT Jack Durish
I have frequently mentioned (in other forums) that my interest in history sprang from the accident that my birth is on the same day as Washington's. Thus, I grew up with a larger dose of the mythology surrounding the First President, The Father of Our Country, than most. It inspired me to make the effort to learn more about who he really was. I discovered that the real man was far more important, far more interesting than the one I met in school. He also became far more important to me. When we learn that our Founding Fathers (excuse me, Our Founders) were mere men, not demigods, it inspired me to emulate them. Think about it. How can we possibly compete with demigods? How can we emulate them? They're not mere men like you and I. However, once you recognize that mere men and women can do great things and create a great republic, the least we can do is honor it and live up to its expectations.
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PO1 Steven Kuhn
Sir, I recommend to you the American Heritage Collection of DVD's with historian David Barton. I learned many things about our country that I never learned in school (but these things were part of our school curriculum until the liberal left took them away). such as the Treasury and the Capitol Building being used as churches for worship services, or the number of signers of the Declaration of Independence and the Constitution who were ordained ministers. Check it out. R/ Steve
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