It is Martial.
Posted on 12/05/2008 8:49:36 PM PST by OL Hickory
I received in an e-mail a question. (I answered it,) (see Below)
It basically asks: If a Reservist,National guard member becomes mobilized AFTER Jan 20th and gets put on one of the following orders, can he/she decline due to an illegal order being issued by a non qualified president?
Title 10 U.S.C. 12302 provides that, in time of national emergency declared by the PRESIDENT, up to 1 million members of the Ready Reserve can be called to active duty for not more than 24 consecutive months. Similar to the previous authority, DOD stated that this statute could also provide access to reservists for a domestic emergency, although it has never been used for this purpose.
Title 10 U.S.C. 12304 provides that, when the PRESIDENT determines that it is necessary to augment the active forces for any operational mission, up to 200,000 members of the Selected Reserve can be called to active duty for not more than 270 days. (Note: The FY 2007 Military Authorization Act changes the maximum from 270 days to 365 days). This is known as Presidential Selected Reserve Call-Up (PSRC) authority. This provision also states that no unit or member may be ordered to active duty under this authority to provide assistance to either the federal government or a state in time of a serious natural or manmade disaster, accident, or catastrophe. Thus, this authority cannot be used to access reservists for domestic emergencies.
I replied back I think (besides a court marshal,loss of rank and a possible dishonorable discharge) this was grasping for straws and If called man up and go. You took an oath to defend against all enimies foreign and domestic...Not just for free college..Was I right?
I am interested to hear what local legal militias have to say about this, also should even more be organized in the name of defending the Constitution?
I personally do not believe in obeying a person who bought his position over me with money, lies and insufficient background, it would be exactly the same as surrendering to a hostile force.
And I would tend to think that if an event were to happen such as Obama orders the NG or Armed Forces to interfere domestically in a crisis and civilians were killed and subsequently Obama was impeached because of ineligibility would those soldiers be then tried for murder? Or if they refused to follow orders what would be the consequences?
I wouldn't. Leavenworth gets hotter than hell in the summer.
It is Martial.
“Hmm, then why did they make us swear an oath to support and defend the Constitution?”
You’ll note they never said anything about interpreting it...
Google Michael New for a similar story. He ended up being shitcanned in about fifteen minutes. He got his fifteen minutes of fame and a website out of it though
I agree. But that does not also preclude the service member from legally challenging the qualifications of the holder of the office if he feels he is not constitutionally qualified. He or she can do this while obeying the orders.
"I, _____, do solemnly swear 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; and that I will obey the orders of the President of the United StatesB/U> and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
Very true, which is why I’m happy my fellow citizesn and I voted for Saxby Chambliss!
Does anybody recognize the subtle difference between the Oath of Enlistment and the Oath of Office administered to a Commissioned Officer in the U.S. military?
The Oath of Office administered to a Commissioned Officer DOES NOT include: “I will obey the orders of the President of the United States.”
It is the prime duty that Commissioned Officers “support and defend the Constitution of the United States against all enemies, foreign and DOMESTIC and bear true faith and allegiance to the same....”
After Obama is sworn in, I’d like some young Marine Officer with intestinal fortitude to tell Obama to “go pound sand!” as we used to say.
My take: if and when Obama takes the Oath of Office he will perjure himself thereby nullifying any other directive, order or law he may so prescribe or sign.
Oh, and by the way, he cannot be IMPEACHED: He’s not the President. He’ll simply have to be asked to remove himself from the Oval Office. Good Luck Joe Biden!
Excellent outcome! Thanks to you and all the brilliant voters in Georgia!
He can join Michael New.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.