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Is it that it Fallows our U.S. constitution or other Laws or just that WE agree with it?
Posted 10 y ago
Responses: 1
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The US legal system is based on "Everything which is not forbidden is allowed." For the citizens and their Rights, which are unrestricted unless there is a specific Law/Regulation which restricts them.
Conversely "everything which is not allowed is forbidden." This applies to the Government and its agents, as it has Powers which are granted by said Laws.
So a Lawful Order is one which is given by a Government Agent, which he has the legal authority to give. Our Chain of Command is the Officers Appointed over us, the Service Secretary, the Secretary of Defense, and the President. Legal orders are those, which are allowed by regulation, by Law (spending, etc), or given by the President if they do not violate our Oaths of Office.
If we believe that an order is invalid, we have both an ethical, and a morale obligation to question it.
But, when it really boils down to it, hold true to your convictions. If you truly believe you are doing wrong, don't do it. I honestly believe that a Courts Martial will come to the right decision if you stand before them for "inaction" and just tell them "I didn't do it because it was WRONG" with no other excuses. We all inherently know the difference between right & wrong. I've never seen anyone get nailed to the wall for "inaction in doing the right thing" Now, making the wrong call to do the right thing... yah. They'll crucify you.
Conversely "everything which is not allowed is forbidden." This applies to the Government and its agents, as it has Powers which are granted by said Laws.
So a Lawful Order is one which is given by a Government Agent, which he has the legal authority to give. Our Chain of Command is the Officers Appointed over us, the Service Secretary, the Secretary of Defense, and the President. Legal orders are those, which are allowed by regulation, by Law (spending, etc), or given by the President if they do not violate our Oaths of Office.
If we believe that an order is invalid, we have both an ethical, and a morale obligation to question it.
But, when it really boils down to it, hold true to your convictions. If you truly believe you are doing wrong, don't do it. I honestly believe that a Courts Martial will come to the right decision if you stand before them for "inaction" and just tell them "I didn't do it because it was WRONG" with no other excuses. We all inherently know the difference between right & wrong. I've never seen anyone get nailed to the wall for "inaction in doing the right thing" Now, making the wrong call to do the right thing... yah. They'll crucify you.
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SPC Charles Griffith
Thanx for responding Sgt Kennedy I agree to a point. I guess my real issue is is it honorable to fallow a law or regulation you believe to be wrong? I have on MANY occasions suffered for my actions when disobeying or challenging a law or regulation I felt was in fact wrong, even when I was able to demonstrate that said law or regulation was in fact wrong, only by virtue of it BEING a law or regulation.
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CW3 Kevin Storm
SPC Charles Griffith - You need to define a regulation or law you believe to be wrong. You can't ask us to just blindly put out information without a detail of what is going on. If your commander asking you to execute POW's? Now that would be illegal, is he asking your to dump HAZMAT in the local lake, also illegal. Is he asking you to work on a holiday, not illegal. There are things that are legal for a Military Supervisor to ask of you, that a civilian cannot. Keep that in mind. This article may shed some light for you. https://www.thebalancecareers.com/military-orders-3332819
What to Know About Obeying an Unlawful Military Order
Military discipline and effectiveness are built on obedience to orders. Here is what you need to know about obeying an unlawful command.
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