Would you obey an order to restrict Congress to DC until they increase defense spending?

SPC Elijah J. Henry, MBA — Thu, 12 Mar 2015 14:49:12 -0400

Senator Lindsay Graham (R-SC), 2016 GOP hopeful, declared in New Hampshire on March 7 that, “…here is the first thing I would do if I were President of the United States, I wouldn’t let Congress leave town until we fix this [defense spending cuts]. I would literally use the military to keep them in if I had to.”

Would you obey such an order?
What kinds of issues does this raise, in our Constitutional Republic?

http://benswann.com/graham-military-force-congress/

Response by LCDR Private RallyPoint Member made Mar 12 at 2015 2:58 PM

LCDR Private RallyPoint Member — Thu, 12 Mar 2015 14:58:34 -0400

This would actually be a violation of the Posse Comitatus Act
"it shall not be lawful to employ any part of the Army of the United State"

You would think of all people Sen Graham would know that.

As an officer of the armed forces they would not execute such an order because it is illegal. That is why the oath sates "All lawful orders"

Response by CW2 Joseph Evans made Mar 12 at 2015 4:42 PM

CW2 Joseph Evans — Thu, 12 Mar 2015 16:42:31 -0400

For starters, I can think of better uses for that money than lining contractor pockets and paying off contracts that have gone over budget and still haven't produced anything.

I might be tempted to obey the order just for the opportunity to shoot some Congressmen, but really, that is bad form. I guess it's a good thing I don't wear a uniform anymore...

Response by Sgt Aaron Kennedy, MS made Mar 12 at 2015 5:01 PM

Sgt Aaron Kennedy, MS — Thu, 12 Mar 2015 17:01:55 -0400

The President does not have that Power. He cannot legally impede the movement of a member of Congress. By definition that is kidnapping of a public official under US Law. It is not a lawful order, and it would result in the President's impeachment.

Response by Lt Col Private RallyPoint Member made Mar 12 at 2015 5:06 PM

Lt Col Private RallyPoint Member — Thu, 12 Mar 2015 17:06:18 -0400

Should/can we use the military to enforce such an order...no. Should there be a LAW requiring congress to remain in session and present until a budget is passed? Yes.

Response by 1LT William Clardy made Mar 13 at 2015 8:21 AM

1LT William Clardy — Fri, 13 Mar 2015 08:21:54 -0400

No. End of statement.

Response by MAJ Private RallyPoint Member made Mar 13 at 2015 1:40 PM

MAJ Private RallyPoint Member — Fri, 13 Mar 2015 13:40:48 -0400

No, that is a horrible idea and sounds like something a military dictatorship would do.

Response by MSgt Robert Pellam made Mar 13 at 2015 3:08 PM

MSgt Robert Pellam — Fri, 13 Mar 2015 15:08:09 -0400

IF I was still in, No. Being retired and hearing of it, I would wonder if he had gone insane. Congressman Graham is from SC where I currently reside. I feel unfortunate that I voted for him this last election. His inability to represent the people and instead represent a hard line conservative movement that is hell bent on disrupting government makes me sad. His Campaign seemed legit, I reviewed his history, his previous voting record, his philosophy. Apparently he lies really good. For I believe I just helped elect a Wanna be dictator to the Senate.

Response by SPC Elijah J. Henry, MBA made Mar 13 at 2015 8:42 PM

SPC Elijah J. Henry, MBA — Fri, 13 Mar 2015 20:42:10 -0400

This is a Facebook conversation in the context of the above story.

Response by SFC(P) Private RallyPoint Member made Mar 15 at 2015 8:27 AM

SFC(P) Private RallyPoint Member — Sun, 15 Mar 2015 08:27:45 -0400

This alone disqualifies him from consideration or it should. What a complete buffoon. However, this just exemplifies his statist mindset. Working within the constitution is for the little people according to him, perfect example of why term limits are a good idea and why we need to repeal the 17th amendment and give back the power to our state legislatures to choose the senators, the way the founders intended. This would literally cut in half the amount of influence of the lobbyists or at least make their jobs increasingly harder.

Response by SGT Joe Sabedra made Mar 15 at 2015 9:11 AM

SGT Joe Sabedra — Sun, 15 Mar 2015 09:11:17 -0400

Military can not restrict or confine congress without charges.

Response by SSG Thomas Cockrell made Mar 15 at 2015 9:31 AM

SSG Thomas Cockrell — Sun, 15 Mar 2015 09:31:25 -0400

If was still in, no shape or form would this be legal

Response by CPT Jack Durish made Mar 15 at 2015 12:58 PM

CPT Jack Durish — Sun, 15 Mar 2015 12:58:12 -0400

This should silence those who look for the GOP to save us from the Democrats.

It's up to We the People to straighten out the mess in Washington, not the military.

Interestingly, there was some "talk" of Nixon using the military for political purposes. Such talk was inspired by his apparent descent into the throws of paranoia, as when he began talking of "sinister forces" and junior officers were "encouraged" to join a Junior Officers Association at which we were polled on our willingness to lead our troops into the streets of America.

Let's hope that our current service members had the good sense to respond as we did then...

Response by LCpl Mark Lefler made Mar 15 at 2015 1:23 PM

LCpl Mark Lefler — Sun, 15 Mar 2015 13:23:48 -0400

This would not be a lawful order on any level.

Response by MSgt Steven Goetsch made Mar 15 at 2015 7:56 PM

MSgt Steven Goetsch — Sun, 15 Mar 2015 19:56:41 -0400

Don't need military intervention. Just rent four hookers and a case of scotch and they'll work through the week.

Response by CPT Private RallyPoint Member made Mar 18 at 2015 2:36 PM

CPT Private RallyPoint Member — Wed, 18 Mar 2015 14:36:54 -0400

Absolutely not. As LCDR Wright said, that is illegal and therefore not a lawful order. This violates the oath of office that Army Officers take to "well and faithfully discharge the duties of the office upon which I am about to enter." There is a reason the oath of office does not include "obey the orders of the president of the United States and the orders of the Officers appointed over me" like the oath of enlistment.

Response by Capt Tom Brown made Dec 13 at 2017 10:52 PM

Capt Tom Brown — Wed, 13 Dec 2017 22:52:09 -0500

Typical political BS rhetoric. Luckily he was never elected so we won't get to test his threat.