U. S. Military personnel are legally obligated to disobey any
Unconstitutional orders, even if they are issued by the President
himself. If they follow an Unconstitutional order, they violate their
oath of office, and Department Of Defense officials face impeachment and
removal from office.
The United States Constitution gives the power to start a war to
Congress, not to the President. If the President starts a war without
Congressional approval, that is clearly an Unconstitutional act.
As enumerated in Article I, Section 8 of the Constitution, Congress
is given the exclusive power . . .
"To declare War, grant Letters of Marque and Reprisal, and make Rules
concerning Captures on Land and Water;"
There has been more and more talk lately, regarding the possibility that
President Bush might order a massive air strike on Iranian nuclear
facilities and related targets. The supposed justification would be
something like,
"Iran is disregarding the United Nations Security Council and is working
to develop nuclear weapons for terrorists to use against the United
States."
Where have we heard false statements like this before? In the
lead-up to our invasion of Iraq, of course! Congress fell for this
argument the first time, and tragically authorized the President to use
force against Iraq. Bush then stretched this authorization into the
self-inflicted fiasco we are now stuck with in Iraq.
But Congress is not likely to make this same mistake again, especially
since
there is no immediate threat from Iran, as there supposedly was from
Iraq. So there will be no such Congressional authorization to use force
this time.
But what if Bush decides to go ahead anyway, without Congressional
authorization? He would falsely claim his bogus "inherent powers" to do
whatever he feels like doing as Commander In Chief "to protect national
security," whether Congress likes it or not. And then he would simply
order our Military to bomb Iran.
And I believe this is exactly what he is planning to do. But there is
something everybody needs to understand, before Bush tries to do this:
Any official of the United States Government - Military or Civilian -
who knowingly follows an Unconstitutional order, violates his oath of
office. The Civilian officials are subject to
impeachment and removal from office. Therefore, each Military officer or
other Government official is legally obligated to disobey any such order
that might come from President Bush. And Bush himself needs to know
this, too.
Here is the oath of office, below. Please note that each official swears
to "support and defend" the Constitution, not to obey the President. The
President must be obeyed only when he is following the Constitution.
United States Code, Title 5, Sec. 3331. Oath of office
An individual, except the President, elected or appointed to an
office of honor or profit in the civil service or uniformed services,
shall take the following oath: "I, AB, 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 on which I am about to
enter. So help me God." This section does not affect other oaths
required by law.
And here is the provision for impeachment and removal from office, as
given in Article II, Section 4 . . .
"The President, Vice President and all civil Officers of the United
States, shall be removed from Office on Impeachment for, and Conviction
of, Treason, Bribery, or other high Crimes and Misdemeanors."
Deliberately violating the Constitution - particularly in such an
important matter as starting a war - would be a "high Crime or
Misdemeanor."
