I need to understand why this case differs from any instance of a military person disoberying an order from a superior?
For instance, what if a Private told his Drill Sargeant he did not feel like peeling potatoes, and plus he didn’t know for sure the Sargeant was even a citizen, or a real Sargeant to boot.
When I went through Basic, there were (said to be) E4s wearing E5 Buck Sargeant stripes, serving as Drill Sargeants.
Woe be to the guy who took a position that he didn’t have to follow an order, for the other guy wasn’t a true Sargeant.
>For instance, what if a Private told his Drill Sargeant he did not feel like peeling potatoes, and plus he didn’t know for sure the Sargeant was even a citizen, or a real Sargeant to boot.
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>When I went through Basic, there were (said to be) E4s wearing E5 Buck Sargeant stripes, serving as Drill Sargeants.
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>Woe be to the guy who took a position that he didn’t have to follow an order, for the other guy wasn’t a true Sargeant.
It’s different for a number of reasons:
1) “Drill Sergeant” is not a rank, it is a title; like ‘Sergeant of the Guard.’
— There is no requirement that the person leading drill/training OR occupying the slot ‘Sergeant of the Guard’ be a Sergeant (or Citizen).
2) Declaring that you won’t comply with legal orders is not the same as declaring that you will not comply with unlawful orders.
— The Constitution *requires* that the President Elect meet certain qualifications AND THEN lays the position of Commander-in-Chief on the President.
“Authority is defined as the right to direct soldiers to do certain things. Authority is the legitimate power of leaders to direct soldiers or to take action within the scope of their position. Military authority begins with the Constitution, which divides it between Congress and the President. The President, as commander in chief, commands the armed forces, including the Army. The authority from the Commander-in-Chief extends through the chain of command, with the assistance of the NCO support channel, to the squad, section or team leader who then directs and supervises the actions of individual soldiers.” — http://www.armystudyguide.com/content/army_board_study_guide_topics/nco_duties/duties-responsibilities-authority-of-nco.shtml