Advice

Does the military serve the president or the Constitution?

Does the military serve the president or the Constitution?

The Constitution provides: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States . . . .” U.S. Const. art. I, § 2, cl. This conclusion is supported by other parts of the Constitution.

What article is disobeying a direct order?

Article 92
Article 92 defines disobeying a direct order as three types of offenses – violations or failures to obey lawful general orders or regulations, failures to obey other lawful orders, and dereliction of duty. Article 92 charges are common in many prosecutions.

What happens if an officer disobeys a military order?

Any officer that decides to disobey an order from the President or higher up has put themselves in a position of having to prove it was illegal in a military court. What normally results though is if an officer gives an illegal order (and its CLEARLY illegal), the officer will rescind it prior to having to defend it in court.

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Does the military have a duty to obey law?

This body of law, which has roots that date back to antiquity, makes clear that members of the military have a dual obligation to both obey “lawful” orders and disobey “manifestly” or “patently” illegal ones.

Does the military have an obligation to follow superior orders?

It is important to note here that the obligation of members of the military to follow superior orders is distinct from the responsibilities of individuals, including lawyers, who advise decision-makers, such as the president, the defense secretary, and other military officers, in the first instance.

Can military members be held accountable for crimes committed under military law?

It’s clear, under military law, that military members can be held accountable for crimes committed under the guise of “obeying orders,” and there is no requirement to obey orders which are unlawful. However, here’s the rub: A military member disobeys such orders at his/her own peril.