Posted on Apr 23, 2015
If martial law is declared, would you disarm American citizens? Does it conflict with our oath?
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I am an American Soldier. I will support and defend the constitution of the United States of America against all enemies, both foreign and domestic. I take this part of my oath with the m o st seriousness. What I mean by that is I feel it is the most important. Will you stand by your oath? i.e if martial law is declared, and I am ordered to disarm American citizens then I will not obey that order because in my eyes it is treason. What are your thoughts?
Oath
Orders
Treason
Constitution
Posted >1 y ago
Responses: 25
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I would not take guns away from law abiding citizens. Let me leave it at that.
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First, a declaration of Martial Law is highly unlikely. However, most of us on these boards took an oath to the Constitution. And to my knowledge, none of these oath had an "expiration date." However, should you be ordered to disarm your fellow citizen, I would 1.) ask you to reflect on the legality (the "Constitutionality") of such an order, 2.) make a well-informed, conscious decision to either execute or deny the order, and 3.) wish you a lot of luck. Just keep in mind that a declaration of martial law doesn't vacate the Constitutional rights ...say like to form an armed militia to stand in the face of tyranny.
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The President doesn't have the Power to declare Martial Law. It's not one of his listed powers in the Constitution.
The Active Duty Army is prohibited from be used as Law Enforcement inside the US (Posse Comitatus Act). This does not apply to the Naval Services, or the National Guard.
Officers do not have the same Oath as enlisted (the President bit is not there). Enlisted swear first to protect the Constitution.
As such, it would be an illegal order. It would never make it down to the troop level.
TINFOIL HAT.
The Active Duty Army is prohibited from be used as Law Enforcement inside the US (Posse Comitatus Act). This does not apply to the Naval Services, or the National Guard.
Officers do not have the same Oath as enlisted (the President bit is not there). Enlisted swear first to protect the Constitution.
As such, it would be an illegal order. It would never make it down to the troop level.
TINFOIL HAT.
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SGT Hector Rojas, AIGA, SHA
It is often argued that only Congress can declare martial law, because Congress alone is granted the power to suspend the writ. The President, however, is commander-in-chief of the military, and it has been argued that the President can take it upon himself to declare martial law.
In these times, Congress may decide not to act, effectively accepting martial law by failing to stop it; Congress may agree to the declaration, putting the official stamp of approval on the declaration; or it can reject the President's imposition of martial law, which could set up a power struggle between the Congress and the Executive that only the Judiciary would be able to resolve.
http://www.usconstitution.net/consttop_mlaw.html
In these times, Congress may decide not to act, effectively accepting martial law by failing to stop it; Congress may agree to the declaration, putting the official stamp of approval on the declaration; or it can reject the President's imposition of martial law, which could set up a power struggle between the Congress and the Executive that only the Judiciary would be able to resolve.
http://www.usconstitution.net/consttop_mlaw.html
Constitutional Topic: Martial Law - The U.S. Constitution Online - USConstitution.net
A discussion of Martial Law.
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SGT Anthony Rossi
Whether he can or can't by law doesn't seem to matter. I don't think that would stop him from trying.
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SFC Jeffrey Couch
One comment I would like to add during hurricane Katrina the military took weapons from law abiding citizens which in turn caused people to be killed, raped, etc in my opinion PCA was not enforced as well as soldiers were disarming some of their own so sake of argument martial law was declared and we had soldiers breaking the oath they swore to uphold what say you my RP Freinds and would have followed the order to disarm
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