Saturday, February 18, 2012

How does the military support legislation that conflicts with Constitutional Law?

I would really like to know what your point is. Do you have something specific in mind? Were the Congress to pass legislation that conflicted with the constitution the military would not rise up to destroy congress. That is not our role. We in the military, just like you at home would demand that this law be reviewed and struck down by the SCOTUS. That is part of our checks and balances.



Now a different situation might be if a law were passed that involved the military. A wild example might be what if President XXX declared martial law under authorization of congress and ordered the US Armed Forces to begin rounding up all the brown eyed people and killing them. Regardless of any law giving the president this authority, we are bound to protect and defend the Constitution and would recognize this as an illegal order and we would not obey.



Members of our forces are never bound by law to conduct what they believe to be an illegal act. This is not to say we can question every order or we should protest every order until we get a court ruling. If I tell a private to do something he feels is incorrect yet it causes no damage or danger to himself or others, he should conduct that act and then take it up with the chain of command. If I told a private to do something that would injure himself or others or be so egregious as to cause damage to the United States, then he should refuse the order.How does the military support legislation that conflicts with Constitutional Law?We do need you to be more specific. What act caused you to believe that the military supports unconstitutional legislation?

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