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When considering the enlistment oath all of us took (or something similar) is as follows:
“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.”
How does one define the term “enemy?”
Dictionary.com defines this term as such:
- a person who feels hatred for, fosters harmful designs against, or engages in antagonistic activities against another; an adversary or opponent.
- an armed foe; an opposing military force:
- a hostile nation or state.
- a citizen of such a state.
- enemies, persons, nations, etc., that are hostile to one another:
- something harmful or prejudicial
When following this basic definition, how do we specifically define the enemies that we have sworn to fight against? This is easily defined in such groups as ISIL and the Nazis, but what about the more subtle enemies? What about the domestic enemies?
Example 1: When police officers perform illegal searches that are against the Fourth Amendment of the Constitution we vowed to protect, are these officers by definition enemies that we must protect the country against?
Example 2: When Congress passes a law that counters the Constitution or that law ultimately means citizens are being harmed or having their rights taken away, are they considered an enemy that we must defend against?
Example 3: When groups such as “Anonymous” hack known hate groups such as the KKK to shut down their websites, are the hacking groups an enemy?
While this line is easy to draw with enemy combatants, where does this extend to non-violent actors that may be operating outside the parameters of the oath we took?
“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.”
How does one define the term “enemy?”
Dictionary.com defines this term as such:
- a person who feels hatred for, fosters harmful designs against, or engages in antagonistic activities against another; an adversary or opponent.
- an armed foe; an opposing military force:
- a hostile nation or state.
- a citizen of such a state.
- enemies, persons, nations, etc., that are hostile to one another:
- something harmful or prejudicial
When following this basic definition, how do we specifically define the enemies that we have sworn to fight against? This is easily defined in such groups as ISIL and the Nazis, but what about the more subtle enemies? What about the domestic enemies?
Example 1: When police officers perform illegal searches that are against the Fourth Amendment of the Constitution we vowed to protect, are these officers by definition enemies that we must protect the country against?
Example 2: When Congress passes a law that counters the Constitution or that law ultimately means citizens are being harmed or having their rights taken away, are they considered an enemy that we must defend against?
Example 3: When groups such as “Anonymous” hack known hate groups such as the KKK to shut down their websites, are the hacking groups an enemy?
While this line is easy to draw with enemy combatants, where does this extend to non-violent actors that may be operating outside the parameters of the oath we took?
Posted >1 y ago
Responses: 30
According to 50 USCS § 2204 [Title 50. War and National Defense; Chapter 39. Spoils of War], enemy of the United States means any country, government, group, or person that has been engaged in hostilities, whether or not lawfully authorized, with the United States;
(3) the term "person" means
(A) any natural person;
(B) any corporation, partnership, or other legal entity; and
(C) any organization, association, or group.
(3) the term "person" means
(A) any natural person;
(B) any corporation, partnership, or other legal entity; and
(C) any organization, association, or group.
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MSG (Join to see)
So....
Example 1: When police officers perform illegal searches that are against the Fourth Amendment of the Constitution we vowed to protect, are these officers by definition enemies that we must protect the country against?
Not an enemy by Title 50. But they are still malefactors, and one would be well advised, even obligated, to proceed within the established legal processes to deal with this.
Example 2: When Congress passes a law that counters the Constitution or that law ultimately means citizens are being harmed or having their rights taken away, are they considered an enemy that we must defend against?
Same as example 1.
Example 3: When groups such as “Anonymous” hack known hate groups such as the KKK to shut down their websites, are the hacking groups an enemy?
No. Just lawbreakers.
Example 1: When police officers perform illegal searches that are against the Fourth Amendment of the Constitution we vowed to protect, are these officers by definition enemies that we must protect the country against?
Not an enemy by Title 50. But they are still malefactors, and one would be well advised, even obligated, to proceed within the established legal processes to deal with this.
Example 2: When Congress passes a law that counters the Constitution or that law ultimately means citizens are being harmed or having their rights taken away, are they considered an enemy that we must defend against?
Same as example 1.
Example 3: When groups such as “Anonymous” hack known hate groups such as the KKK to shut down their websites, are the hacking groups an enemy?
No. Just lawbreakers.
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CPT Zachary Brooks
First, not sure what oath you are speaking of but our oath of enlistment is:
"I, (State your 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; 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."
It is not important what I define enemy as because we, members of the military, do not get to define who are enemies are, and is some ways, everyone not in our service could be considered our opponent...even other unit within our own service could be considered opponent/enemies?
As to your examples, are any of them an actual attack on the Constitution? Really? I don't thinks so, but IF any are, they are addressed as criminal violations compared to actual assault on our Nation...in my opinion...as a worse case.
Example 1: Is a search of your car an actual violation of the Fourth Amendment? Sure the current legal opinion is yes, but that is only an opinion, and would still have a great deal of legal argument ahead of it.
Example 2: Congress has pass laws amending the Constitution? The Constitution does not, and cannot, protect us from harm but attempts to define what is role of our government...which has over stepped its mandate and needs some pretty serious pruning, but that is a discussion for another day, but the Congressional attacks on our liberties should be properly fought in the poll booth and in the courts...until such times that they cannot.
Example 3: While hacking of the Federal government could reach the level of military attack if done by another nation or non-nation power, the attacks on social group on another is not a military question but a law enforcement...if that?
Should we oppose wrong if we see it? Yes, of course but that is your duty as a citizen, not as a soldier. One problem in our Nation is that too many have forgotten their duty and responsibilities as citizens. We the people are the government in this Republic. I think it can be very dangerous to forget your duty as a citizen and confuse that with your duty as a soldier. You are both, but they are not the same.
First, not sure what oath you are speaking of but our oath of enlistment is:
"I, (State your 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; 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."
It is not important what I define enemy as because we, members of the military, do not get to define who are enemies are, and is some ways, everyone not in our service could be considered our opponent...even other unit within our own service could be considered opponent/enemies?
As to your examples, are any of them an actual attack on the Constitution? Really? I don't thinks so, but IF any are, they are addressed as criminal violations compared to actual assault on our Nation...in my opinion...as a worse case.
Example 1: Is a search of your car an actual violation of the Fourth Amendment? Sure the current legal opinion is yes, but that is only an opinion, and would still have a great deal of legal argument ahead of it.
Example 2: Congress has pass laws amending the Constitution? The Constitution does not, and cannot, protect us from harm but attempts to define what is role of our government...which has over stepped its mandate and needs some pretty serious pruning, but that is a discussion for another day, but the Congressional attacks on our liberties should be properly fought in the poll booth and in the courts...until such times that they cannot.
Example 3: While hacking of the Federal government could reach the level of military attack if done by another nation or non-nation power, the attacks on social group on another is not a military question but a law enforcement...if that?
Should we oppose wrong if we see it? Yes, of course but that is your duty as a citizen, not as a soldier. One problem in our Nation is that too many have forgotten their duty and responsibilities as citizens. We the people are the government in this Republic. I think it can be very dangerous to forget your duty as a citizen and confuse that with your duty as a soldier. You are both, but they are not the same.
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GySgt (Join to see)
I'm not so sure you've read it so here's the 4th Ammendment.
The right of the people to be secure in their persons, houses, papers, and effects,[a] 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.
I find it interesting how people can fight, shed blood and lose friends supporting and defending the constitution but then become police officers and decide to piss all over the constitution and theirs and their friends sacrifices in the name of expediency.
The right of the people to be secure in their persons, houses, papers, and effects,[a] 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.
I find it interesting how people can fight, shed blood and lose friends supporting and defending the constitution but then become police officers and decide to piss all over the constitution and theirs and their friends sacrifices in the name of expediency.
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MSG Brad Sand
GySgt (Join to see)
I have read the 4th Amendment and your car, is not your home and is licensed by the state to be on a Federal, State or County road way. IF a law enforcement officer enters your house illegally, you have recourse without tanks rolling into the neighborhood firing on our brothers in blue. I don't think police officers are intending to 'piss all over the [C]onstitution' BUT trying to Protect and Defend their fellow citizens. Even the Amendment 'unreasonable searches'. I am sure a drug dealer would say it is unreasonable for the police to ask them to empty their pockets or search their car, while I would not have any problem with either if asked by the police? With that being said, I do not know if I would allow police search to search my vehicle...probably would not...if asked?
I have read the 4th Amendment and your car, is not your home and is licensed by the state to be on a Federal, State or County road way. IF a law enforcement officer enters your house illegally, you have recourse without tanks rolling into the neighborhood firing on our brothers in blue. I don't think police officers are intending to 'piss all over the [C]onstitution' BUT trying to Protect and Defend their fellow citizens. Even the Amendment 'unreasonable searches'. I am sure a drug dealer would say it is unreasonable for the police to ask them to empty their pockets or search their car, while I would not have any problem with either if asked by the police? With that being said, I do not know if I would allow police search to search my vehicle...probably would not...if asked?
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SGT Mary G.
MSG Brad Sand, I particularly like this part of your comment: "One problem in our Nation is that too many have forgotten their duty and responsibilities as citizens. We the people are the government in this Republic. I think it can be very dangerous to forget your duty as a citizen and confuse that with your duty as a soldier. You are both, but they are not the same."
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