Hypothetical Executive Illegal Order

LTC Private RallyPoint Member — Sun, 08 Dec 2013 23:06:30 -0500

If at some point some president orders the military to attack a country without congressional approval is it a legal order?

What if he orders the military to attack Canada? Does the military execute this order for 60 days assuming congress never approves?

What order could be given, what war started that would cross the line to an illegal order?

Response by SFC Michael Hasbun made Dec 8 at 2013 11:53 PM

SFC Michael Hasbun — Sun, 08 Dec 2013 23:53:14 -0500

Depends on which branch he uses. The Marine Corps belong exclusively to the President, so he can use them at will without Congressional approval. Depending on the ROE given, just that one branch can easily defeat a small country (though likely not occupy it afterward).

Response by CW2 Joseph Evans made Dec 9 at 2013 12:49 AM

CW2 Joseph Evans — Mon, 09 Dec 2013 00:49:13 -0500

Depends on who you talk to. Some consider the continued occupation of Afghanistan to be an illegal order. Certain interrogation techniques advocated by the Bush administration. The use of drug money to move weapons between Iran and the Contras under President Reagan. The mobilization of Federal Troops to stand against local militias in the enforcement of potentially illegal actions like when Warren Harding used federal troops to support corporate managers during the "Battle of Blair Mountain" in 1921.
What is "illegal" can be highly subjective based on the mores and ethics of the age.
For example, if Obama were to use federal troops to side on disputes over fracking, eminent domain for oil pipelines, or property seizures based on GMO rulings, would you consider the action unilaterally illegal, or dependent on the side he took?

Response by Sgt Packy Flickinger made Aug 17 at 2014 6:59 AM

Sgt Packy Flickinger — Sun, 17 Aug 2014 06:59:38 -0400

That kinda goes along with the support of our enemies (Hamas) over the support of our allies (Israel). It seems to many are to willing to follow the illegal orders or direction at this point so the question should be, how far are we willing to go?

Response by SGT William Howell made Oct 26 at 2015 9:25 AM

SGT William Howell — Mon, 26 Oct 2015 09:25:41 -0400

An order can be illegal and you preform it and not be held legally responsible. You have to KNOW the order to be illegal in order to refuse it. If you have doubts as to wither the order is legal then you must preform it.

Invading Canada? Lawful because you cannot prove it is not. Precedence has been set over history that congressional approval is not needed. Is it really lawful? That will be up to the courts to decide. Until they do, it is believed to be. Besides until they take Bieber back they are a hostile country in my book.

Response by MCPO Roger Collins made Nov 1 at 2015 11:59 AM

MCPO Roger Collins — Sun, 01 Nov 2015 11:59:07 -0500

"The War Powers Act, also known as the War Powers Resolution of 1973, requires the following: the President, upon sending troops into military action, must notify Congress within 48 hours that he has done so. The Resolution also forbids military personnel from remaining in a state of conflict for more than 60 days (including an additional 30 days for withdrawal). After that, the President must seek an additional authorization from Congress or a formal declaration of war."

What is the old saying, "Ours is not to wonder why, ours is but to do or die".

Response by SSgt Private RallyPoint Member made Jul 16 at 2016 8:04 AM

SSgt Private RallyPoint Member — Sat, 16 Jul 2016 08:04:38 -0400

totally illegal