OK...here’s the oath: “I, _____, do solemnly swear (or affirm) 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 States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.” (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).
The key in the oath concerning this Marine is “I will obey the orders of the President of the United States”. Unless Congress says otherwise, I believe all his orders are lawful.
The oath I signed in 1961 (RM2 (E5) USN reenlistment) is as follows:
I,__________, do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. And I do further swear (or affirm) that all statements made by me as now given in this record are correct.
Pretty general as to what orders to be followed as the oath suggests ALL but refers you to regs and UCMJ where the ‘legal/illegal’ aspect of orders are (kind of) spelled out - Naturally happening as to how the Convening Authority ‘reads it’.
This is preceded by other ‘instructions’ etc. including staying after war is declared and ALLOWING ‘them’ to innoculate at will AND oblige oneself to obey and be subject to laws in effect or may hereafter be enacted by the Congress of the United States...etc...
Probably just as well I didn’t read this before signing, but at the time it wouldn’t have made any difference anyway...ha..
The key in the oath concerning this Marine is “I will obey the orders of the President of the United States”. Unless Congress says otherwise, I believe all his orders are lawful.
Thank you for the clarification and for providing the text of the oath for the discussion.
From the text of the oath, it doesn't sound like "I will obey the orders of the President of the United States" is the key part of the sentence. The statement to obey the president is qualified by the clause which follows it. In my opinion, the key part of the sentence is the part that says "I will obey the orders of the President of the United States according to regulations and the Uniform Code of Military Justice.
This clause implies that the officer only swears to uphold the orders of the president which are in accordance to the set regulations and rules of the Uniform Code of Military Justice. If a president's orders are not in conformance to the regulations there is no requirement to obey. An enlisted man does not swear to obey all orders, even if unlawful. In fact, to obey presidential orders which are not in accordance with the UCMJ would be a direct breach of the oath the enlisted man took.
Also, I think it is important to note that the Uniform Code of Military Justice is a law passed by Congress and all legislation passed by Congress must conform to the US Constitution. Therefore, if any rule or regulation in the UCMJ contradicts the US Constitution, the soldier is not bound to obey those either. At least, that is what the oath sounds like it is saying to me.
The key in the oath concerning this Marine is “I will obey the orders of the President of the United States”..................................... So I take it that you have accepted the “proven legitimate” President, so ask no questions, just obey? Maybe this marine has doubts, like many others, as to the legitimacy of this presidency? If in fact the President proves to be illegitimate, what then? Gotta see how this plays out.