flightlesskiwi
Member
- Joined
- Sep 29, 2008
- Messages
- 4,058
Question, Is the soldier's duty first to the Constitution, or is it to "The Commander-in-Chief" ? How many young men want to go through what Gary Manning has in being tortured?
enlisted personnel:
"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).
officers:
I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God." (DA Form 71, 1 August 1959, for officers.)
therein lies the rub. implicitly, it is an officer's duty to see to it that, by upholding the Constitution, he never complies with an unconstitutional order nor allows those orders to be forwarded to enlisted personnel (who owe "allegiance", if you will, to the President). thus, his duty is to defend the Constitution, not obey the president. i like to think of the implication of the difference of oath like this: the officer as a hired shepherd ensuring the best for his flock (enlisted personnel and lower-grade officers). sure, the flock is not his, but he is tasked with watching over them, even (and especially) if the owner goes bat shit crazy and starts needlessly slaughtering them.
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