So then, let's play a game: Imagine I go out to the PX grab me some rank and insert myself into the command of a sizable group of soldiers. Now suppose that I issue orders to my men to forcibly shut down the invasion in AZ, lethal force and all, under the Constitutional authorization of Art 4, Sec 4.
Would following my orders condemn my men? Myself? (Take into consideration the stances of the political caste & their willingness to 'overlook' rules/regulations/laws.) Yes or no? Explain your answer.
No.
“Grabbing yourself some rank” is not acting under the Color of Law which is a legal requirement for the application of the De Facto Officer Doctrine. There is well defined process in law for establishing the legitimate military hierarchy of command.
Color of Law:
The appearance of a legal right.
The act of a state officer, regardless of whether or not the act is within the limits of his or her authority, is considered an act under color of law if the officer purports to be conducting himself or herself in the course of official duties.
Under the civil rights act of 1871 (42 U.S.C.A. Section 1983), color of law is synonymous with State Action, which is conduct by an officer that bears a sufficiently close nexus to a state so that the action is treated as though it is by the state.”
To have an analogous situation for the “game,” you would have to have announced that you intended to “grab some rank” a year and half before you showed up at the PX. Then you would have to compete against seven other members of your unit for the right to be in command. Then you would have to compete against a “rank grabber” from another unit; then win the approval of enough members of your branch of the service who cared to participate in the selection process, and then win at least 50% of the votes of the Joint Chiefs of Staff and withstand 202 courts martial hearings challenging your right to the position over a five year period without a single ruling going against you. Finally, you would need to be sworn in to your position by the Judge Advocate General for your branch of the military.
If you accomplished all that, then I would say “yes,” De Facto Offcer applies to your command and use of lethal force at the border.
“Imagine I go out to the PX grab me some rank and insert myself into the command of a sizable group of soldiers.”
You would have to get someone higher up to issue you written orders making you their commanding officer. And if you walked into a squadron and just announced you were the new commander, the current commander would probably have your butt tossed in jail.
“Now suppose that I issue orders to my men to forcibly shut down the invasion in AZ, lethal force and all...”
You would need deployment orders, and support for the issuing of weapons, ammo, equipment, transportation, etc. You couldn’t do it on your own initiative - no commander can.
These things don’t happen in a vacuum. Neither did Obama’s election. He ran against other candidates, was voted on by the people, won the Electoral College, had the vote certified by Congress with NO objections, was sworn in by the Chief Justice of the Supreme Court...sounds like he IS the President. I believe God is going to (and currently) judge America for electing an evil baby-killer, and for approving homosexuals, etc - but God will judge Obama in His time.
Right now, Obama IS the President. And I suspect he is because God is using him to punish America by giving us what the majority want - evil.