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To: DiogenesLamp
I would suggest that means the Constitution comes first, and if there is a conflict between the first part and the second part, the Constitution wins the conflict.

True. However, this does not give each individual serviceman the power of constitutional adjudication. Servicemembers must accept the judgement of the civilian branches of government as to the constitutional eligibility of their commander in chief, as well as every other constitutional question.

To give the military the power to determine eligibility of the president would destroy the principle of civilian government.

That's why an individual service member who questions the eligility of his commander in chief, when that eligibility is accepted by all civilian branches of government, is committing treason.

188 posted on 08/15/2011 10:18:18 AM PDT by curiosity
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To: curiosity
True. However, this does not give each individual serviceman the power of constitutional adjudication.

To paraphrase Abraham Lincoln regarding his actions vis a vis the Dred Scott Decision, " I swore to uphold the constitution as *I* understand it, not as Chief Justice Tanney Understands it."

From his comment, It appears Lincoln believes in first person adjudication.

Servicemembers must accept the judgement of the civilian branches of government as to the constitutional eligibility of their commander in chief, as well as every other constitutional question.

I looked up the quote. It was Lincoln Favorably quoting (President) Andrew Jackson.

"The Congress, the Executive, and the Court must, each for itself, be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it and not as it is understood by others."

Further research yields:

"President Lincoln ignored the writ of the Supreme Court on the constitutional ground that the President of the United States, given an ultimate threat to the life of the Union must interpret his constitutional duty as he, the chief executive, is given to understand it — not as the Supreme Court, or its Chief Justice, understands it.

To give the military the power to determine eligibility of the president would destroy the principle of civilian government.

And to blindly accept the pronouncements of our leaders without regard for the consequences is the road to something worse. Fascism.

That's why an individual service member who questions the eligility of his commander in chief, when that eligibility is accepted by all civilian branches of government, is committing treason.

Treason doth never prosper: what's the reason? Why if it prosper, none dare call it treason. Ovid

If this be treason, make the most of it. -Patrick Henry

225 posted on 08/15/2011 2:32:48 PM PDT by DiogenesLamp (Obama was always illegitimate. In both senses of the term.)
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