Defend the constitution of the United States vs. following the orders of the Comm. & Chief?

Question

I am in ROTC, and needless to say do not know much about the military of the UCMJ. But when I took my oath I realized that i did not swear allegiance to the US government. I swore to defend the constitution of the United States, which to me is a very smart addition to the oath. Also as part of the military we have the highest standing order to disobey all unlawful orders. But in my oath I also swore to follow the orders of the CINC and officers appointed over me. But what if this part and to swear to defend the constitution of the United States are at odds. What if i feel that a president or administration is going against the constitution, what do you do then? BTW, I am NOT making a political statement. Just want to know what should happen if that were ever to happen

Answer 1

Yes, it always been a part of the officer's oath.  The reason being the "Founding Fathers" didn't want to create a military like that of the Roman Empire: loyal to its commanders and not the state.  

If you have issues with orders vs defending the constitution you have some options:

1- Do it anyway.  Be advised that publicly voicing your disputation as an active duty officer is a violation of the UCMJ.

2- Formally protest.  Go to your commander and state you will execute the order(s); you can write a formal protest.  This is obviously not going to help your career.

3- Resign/Retire.  Which is what I did BTW.  Not so much over the present/past CinC, but the previous SecDef and the direction the AF was heading.

Something else the Constitution doesn't contain is the word "God" BTW.  

Answer 2

"What if i feel..."

What if the enlisted guys working for you feel.....?

As a brand new baby 2nd Lt or Navy Ensign you will not make national policy.  You'll carry out orders.  During the 4 years you spend in ROTC you'll have plenty of time to learn the legal niceties that go with your commission and you'll have plenty of time to discuss this subject with your instructors and a JAG Officer or two.

Then, when you get out to the field (fleet if you are Navy), you'll have the benefit of an old, crusty senior NCO who will properly train you not to embarrass yourself by questioning national policy.

The only "illegal" orders you might encounter will be based on something much, much, much smaller than national policy.  In the unlikely event such a thing were to happen I would expect you to immediately voice your objections and stand your ground.  I'd expect you to accept the consequences of your actions too.

Answer 3

You resign your commission. You do so because you cannot follow the orders of the President and the officers appointed over you. Then you are free to condemn your "sovereign" in compliance with Napoleon's maxims.

And the oath you took to defend the Constitution against all enemies foreign and domestic isn't a "smart addition". It has been the oath since the Second Republic was created under that Constitution, to replace the First Republic under the Articles of Confederation.

It is my firm belief as you make progress through the ROTC program towards your degree and the tendering of a commission to you by the President, your view will moderate on what you may think are a conflict between the actions of a President and that Constitution you swore to defend. You will discover, to your great sadness, that less than one in five of your fellow citizens has ever read the document. That is especially true among those who pop off about the document and how some politician is "shredding" or "destroying" it. And there is no correlation between that base of ignorance and one's level of education. I have, on more than one occasion, had to point out to tenured professors teaching government and political science courses that the phrase "all men are created equal" is not found in the Constitution.

BTW, the Armed Forces of the United States are the only ones on the planet which take an oath to defend a piece of paper. It's worth a read from time to time.  

Answer 4

The constitution is the highest law on the land. Any violation will constitute grave penalty.

Answer 5

You follow all orders that aren't clearly in violation of the law. If you believe it was wrong, you bring that up later. You are far too low in the food chain to pretend that your opinion about the Constitutionality of a war or other such endeavor really matters.

There is a time to say no, but those instances are far and few between. Ninty nine percent of military people will never face such an instance.  

Answer 6

The UCMJ is the very foundation of the military  order and discipline which is so necessary if the military is to do its' job.

As a memberof the military, your job is to follow orders, and while you're standing around debating the legality of the orders issued to you,  a lot of good people are going to die because of your lack of ability to make a decision.

If you believe you are going to have a problem with this aspect of being in the military, I suggest you resign

  and do it now , long before you might find yourself  facing a court martial for insubordination.