Posted on Dec 9, 2020
Would you obey an illegal or unconstitutional order?
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What are your professional and personal views on the right and the duty of active and retired military to disobey illegal or unconstitutional orders? (Ref. UCMJ, Articles 90, 91, 92; and the Fourth Geneva Convention.)
For instance, in the event a sitting U.S. President loses an election in the electoral college, and as a means to stay in office declares martial law or invokes the 1807 Insurrection Act, should you obey such an order? Would you individually be willing to comply?
Let's have a frank and friendly discussion on this vital topic....
e.g., https://www.witf.org/2020/06/02/president-trump-says-hell-deploy-military-to-states-if-they-dont-stop-violent-protests/
For instance, in the event a sitting U.S. President loses an election in the electoral college, and as a means to stay in office declares martial law or invokes the 1807 Insurrection Act, should you obey such an order? Would you individually be willing to comply?
Let's have a frank and friendly discussion on this vital topic....
e.g., https://www.witf.org/2020/06/02/president-trump-says-hell-deploy-military-to-states-if-they-dont-stop-violent-protests/
UCMJ
Martial Law
Election 2020
Civil Affairs
Orders
Edited 5 y ago
Posted 5 y ago
Responses: 203
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I thought Twitter was for anti trumpers. This is a loaded question. No one is going to answer this. Plus, someone would have to know for sure that the election was fair and secure. Blocked investigations and blocked lawsuits don’t really help to gain public trust. All military personnel have to obey lawful orders. If the election is faulty, then martial law and insurrection act would be lawful orders.
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No I wouldn’t obey an illegal order given by an outgoing president just to overturn election results he or she didn’t like. That’s why they are free elections and not sham elections like our adversaries have. That’s an open act of treason no matter the rank,
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CPL Bruce Ailiff
If you believe that our elections are true and note stolen, you do not deserve the rank you wear! We do have elections like 3rd World Countries! Now go drink your kool aid!
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The question is both specious and answers itself.? If an order is illegal, unconstitutional, or both, the order MUST be disobeyed. Since when did our military become the political arm of an unbalanced, undemocratic would be autocrat?
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No. My oath included defending the Constitution; therefore, I could not obey an unconstitutional order.
I would immediately after that, however, see an attorney.
Perry Miller, USAF 1963-1967.
I would immediately after that, however, see an attorney.
Perry Miller, USAF 1963-1967.
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No. My oath included defending the Constitution. To me, that
"trumps" an unconstitutional order from my commander.
"trumps" an unconstitutional order from my commander.
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No it goes against the constitution, we took an oath to uphold the constitution, a crybaby loser, wanting to undo 200+ years of is not a reason to break that oath
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CPL Bruce Ailiff
You obviously do not even know what the Constitution is! Read and understand it and you will see that the Deep State that truly runs this Country is UNCONSTITUTIONAL!
Stop being a useful idiot!
Stop being a useful idiot!
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Obedience to unlawful or unconstitutional orders is itself a punishable violation of the UCMJ, so we have a duty, not just a right, to disobey illegal or unconstitutional orders.
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That is easy to answer now, No I would not. I would also believe my young self would not have. My oath IS to protect this country and the Constitution from enemies with out, and within.
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CPL Bruce Ailiff
How do you determine who is the enemy within? Those who try to follow the Constitution or those who use propaganda to convince you that they are the true believers? How can you tell if you have not even studied or read what is written in our Bill of Rights, Constitution, and the Federalist Papers?
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