Posted on Nov 24, 2013
SGT Gary Frank
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It has been over 30 years since I swore an oath to uphold and defend the Constitution of the United States. This oath is as sacred to me today as it was yesterday.

Today, it seems that our Individual Rights are under attack. That said, If given an order that violates the liberties afforded by the Bill of Rights should Commanders and or Troops feel obligated to follow it? 
Posted in these groups: Principles logo Principles
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Responses: 36
SPC Jan Allbright, M.Sc., R.S.
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Since the only time a Service Member would encounter this problem is under conditions Martial Law the whole question of Constitutional Rights is moot.
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SSG (ret) William Martin
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That depends, am I under orders to participate in policing up the public during martial law? Then the answer is yes. Just every day without justification? NO.
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SSG Colt Henderson
SSG Colt Henderson
>1 y
There is nothing in the constitution authorizing martial law and since it involves suspension of rights outlined in the constitution I would say it is illegal under the constitution. There are many laws that exist today that violate the constitution.
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Sgt Cody Dumont
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This is a tuff one, in some cases I would say yes others I would say no. Case by case call.
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Sgt Cody Dumont
Sgt Cody Dumont
>1 y
I disagree, protestors on the verge of rioters... What do you do? It's a tuff call and you have to make when it happens.
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Sgt Cody Dumont
Sgt Cody Dumont
>1 y
But when group mentality changes the peaceful protest to a riot there is change in orders. Where is that line, that is the tuff call.
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Sgt Cody Dumont
Sgt Cody Dumont
>1 y
lol love good debates. Not sure what viewing profiles have to do with it? You asked a what if question, I gave you a what if answer. I, like you, swore an oath to up hold and defend the constitution. I would give my life for our country and the rule of law. We also swore in that same oath to follow orders. So which part of the oath do you choose to disregard? Tuff call, both are important and hard to make until you are in the situation. Semper FI brother.
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Sgt Packy Flickinger
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I can say there are several Sheriffs here in AZ who have stated they will not follow commands from DC regarding the 2nd ammendment and illegal immigration. I would not uphold an illegal order.
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LTC David B.
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Commanders always have legal counsel available to them. I've had to ask mine on numerous occasions if an order was lawful. Unfortunately, those giving commanders those orders also have legal counsel so this can easily become a matter of differing legal opinions.....I know, I know......that NEVER happens, right?! At the end of the day, the lawyer will simply say "I gave my opinion" and it's the commander who has to make the decision.

There's also those instances like happened in the 172nd IN BDE down range. An E7 ordered a couple of E5s to kill a couple of Iraqis; illegally. No ROE violation had been committed.....the E7 was high on killing; playing God. One of the E5s said he knew it was wrong, BUT feared for his life......so he pulled the trigger. To me, this is the paradox I see in this question. Could you resist following an illegal order even when it might mean you could lose your life? I've never been in this situation.....I know what I want to say I would do but I don't think anyone really knows until they're faced with the decision of which end of the weapon they're going to face.....
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Sgt Tommy Johnson
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Yes! Without a doubt, I would willingly and enthusiastically obey any orders that in my estimation were "lawful orders," which, as a consequence, violated another American citizen's Constitutional Rights, based upon accomplishing a "greater good" for some other person(s) and dependent on the immediate situation. Life is full of "judgment calls." And, sometimes "hard choices" must be made. Furthermore, if my obedience to such an order caused harm or injury to another American citizen, or even resulted in their death, if in the "grand scheme of things" my obedience of the order upheld my oath of service, I'd follow those orders diligently.
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SPC Americo Garcia
SPC Americo Garcia
>1 y
What if it meant to kill on site your son, father, mother or any related person to prove your worth? Would you still follow orders then? Even if these orders are like you say the greater good. I say the day they do that I will defend myself to the very end and take them down with me. I will not violate any order but would die defending those very rights our founding fathers and all those veterans since then till now have died for. Last before you say fuck it I will kill them all. What if it meant you had to kill all of us on this site and the Oath Keepers? I'm sorry that you would violate someone's rights that itself is the ultimate fuck you to all who served to keep this country free. You would be willing to march all Americans to a FEMA camp where they will rot while the elite stay in power with absolute power at that. This is why I know how fucked up of a nation we are just a straw away from mindless some or careless mostly about what it means to be an American. So you don't support what this country has done Not that I care what religion you are but I can safely say you are not a Christian like most which is fine. You must also not have a family for what if someone just gave the order kill her or him would that be still justified since they did nothing but drive home to visit? America has always been a defender of democracies around the world for a while. Does that sound like a system of terror or unconstitutional? So what if you do get rid of the over half the population through death and the rest in camps? will you be proud that you are like those Nazis who followed orders against Jews but now mostly Christians? What next do you make them renounce their belief in GOD or cut off their heads? think about it what if your kids or many of your family members are those same Christians now later or in the future would like the same to be done to them as you declare you would? Sir I'm not asking you to retaliate just I ask a self observance might change your heart. Look the world yes it is bad but that's what they though hundred years ago in WWI then again in WWII. World WAR I was because some idiot took Fernand and one blamed the other country when it could of been an individual on a personal vendetta huh! People like you who just want to do take it up against the people we swore to protect and defend by any means and to uphold their rights of the Constitution of the United States of America. that is the Oath I took against foreign or domestic (any act of terror done by a group of people to hurt or kill innocent people against our government on our soil.) That to me says ISIS which seems to be training here in the States. They are the enemy but no one goes after them? Wonder why? A known Terrorist group here within our borders yet you want to say fuck the regular citizen if need to be for the greater good. I pray you find something to understand guide you sir. that is all I can say as person who cares deeply for my country even thought I was born in Mexico not by choice but cause my dad couldn't pay a doctor here in the US he was flat broke in the recession of the 70's. I'm American by birth due to dad and a six generation Texan who happens to be born in Mexico out of all things.
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Sgt Tommy Johnson
Sgt Tommy Johnson
>1 y
Yes. You've gotta look at this philosophical question THROUGH the lens of a potential threat to National Security or for protection of the life and/or liberty of others, presenting a clear (or even cloudy) case where search and seizure, arrest and confinement, and even the employment of deadly force would be an order given, accepted, and obeyed. Examples would be to "take out" a traitor, rapist or murder (who is an American citizen), without a warrant or court order, based solely on the orders of a superior officer or non-commissioned officer.
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SPC Americo Garcia
SPC Americo Garcia
>1 y
I did Tommy just cause I disagree with my whole heart sir.
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Sgt Tommy Johnson
Sgt Tommy Johnson
>1 y
If the citizen is "law abiding," then I agree that it would be inappropriate to infringe upon any American citizen's rights or liberty. However, the DISCUSSION QUESTION is simply stated as follows:
"As a Active Duty Member would you obey orders given to you to violate a citizen's Constitutional Rights or cause harm to same ? "
This DISCUSSION QUESTION does not explicitly differentiate between United States citizens who are or ARE NOT "law abiding." Thus, in the case where a citizen is NOT "law abiding," I would follow an order violating his or her Constitutional Rights and/or cause harm to him or her, in certain situations and under certain extreme circumstances.
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