Grassroots Commentary

How Does the Military Support and Defend the Constitution Against a Treasonous President?

Murray T. Bass · Jan. 4, 2016

The definition of treason is acting to overthrow one’s government. There is no question that is happening.

Let’s look at the law — the ground rules for supporting and defending the Constitution.

Do officers of the Armed Forces have a responsibility to support and defend the Constitution or obey the orders of the president if a conflict in consequences is involved?

The law is clear on this matter. The obligation of every officer is to support and defend the Constitution. Not to obey the orders of the president if those orders are opposed to the requirement to support and defend the Constitution. If any president proposes law, regulations or executive orders, the results of which provide for the destruction of the Constitution or its amendments, officers clearly must support he Constitution and consider the president an enemy domestic in nature. To support a treasonous president would be an act of treason in and of itself.

It is surprising how many officers, past and present, do not understand where their lawful responsibilities are.

Recently a long time friend and I had a somewhat heated discussion about the Military Oath of Office. The friend, a retired Major General (reserve), disagreed with me when I maintained that the oath required military personnel to defend and support the Constitution. His response was that while that was a part of the oath, another part was that they must obey the orders of the president and superior officers.

We are both right. The oaths are different for officers and for enlisted personnel. Enlisted personnel are required to obey the lawful orders of the president and officers under whom they serve.

The Officer’s oath does not require them to obey. Both oaths are required by statute. The text of each is shown below.

10 U.S.C 502 U.S. Armed Forces Oath of Enlistment:

“I (state name) 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.”

The Uniform code of Military Justice requires that those orders be lawful. Treasonous orders are not lawful.

Section 3331 Title 5 U.S.C (all officers swear or affirm this oath on commission):

“I (name) 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; that I take this obligation without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

There is no statutory requirement for officers to obey the president.

Another close friend, a retired Air Force Colonel, was surprised when I mentioned the Officer’s oath. He believed that the oath did require officers to obey the president’s orders. He is looking it up.

We now have a president who is systematically destroying the intent of the Constitution with unlawful regulations, executive orders and with legislation supported by corrupt politicians. Weakening the military. In many ways, replacing military training with training in political correctness. Intense scrutiny of the personal lives of personnel at all levels is now taking place.

It appears to me that military folks will soon be faced with the decision of whether to defend the Constitution or obey treasonous orders of the president. I believe it is a decision they are NOW facing but do not realize it.

I should remark at this point that any order to take any action that would result in the overthrow of the Constitution — our republic form of government — is not a lawful order military personnel are required to obey.

Treason is acting to overthrow one’s government.

How does the military support and defend the Constitution? There are several possibilities.

The first possibility is, as the Egyptians did with the Radical Islamic president, depose him and arrange for new elections. Next would be to arrest him and charge him with treasonous offenses under the Uniform Military Code of Justice. Refuse to obey unlawful treasonous orders. Work with Congress to purge all unlawful regulations, orders and legislation. Arrest those officials who have participated in unlawful treasonous activities.

Seek out those private operations that have introduced unconstitutional programs, public, private or religious.

In essence, oversee the restoration of our Constitution and the rule of law. Encourage every citizen to refuse to obey those regulations orders and legislation that is not constitutional. Probably lots of other things, but we’ll keep trying to put it all together.

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