I am writing this, because recently, six elected members of Congress made a video to caution military people not to obey illegal orders. All six members have been interviewed multiple times and have each been asked if there had been any illegal orders given. All six said no or refused to answer that question.
Did you know that there are two military oaths? One oath is taken by the military’s enlisted privates and sergeants. There is a second oath taken by commissioned officers.
I share this to help everyone understand how the military works to make sure certain laws are not violated and illegal orders are not given or followed. I share this to help and offer clarification about the video that was put out by a few elected members of Congress.
I felt there is confusion about the military, because many people operate under the assumption that the military is one large mass of people not given to individual thought or decision making. Understanding the differences in the two oaths might help to better understand the safeguards.
Read the enlisted oath and then read the commissioned officer oath. They are different for a reason.
Below is the oath enlisted members of the military take with a slight variation to National Guard and United States Military Reserves:
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.
Please note the italic, which states that the enlisted will obey the orders of those placed over them. Obedience to orders is spelled out in the Uniform Code of Military Justice. Lawful orders are issued by leaders. The check is anchored one level up residing within the chain of command.
Commissioned officers bear the responsibility to decern lawful versus unlawful orders.
Below is the oath commissioned officers of the military take with a slight variation to National Guard and United States Military Reserves:
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; that I take this obligation freely, 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.
Officers affirm that they take this obligation freely, without any mental reservation or purpose of evasion. This statement means that each officer understands they are responsible for each order they give. What they do not swear to do is equally important: Officers make no promise to obey the president and the officers above them. Why? Because officers have a duty and responsibility to assess the orders issued. Is it legal or illegal? There are lawyers to assist if uncertain. I used lawyers while in Iraq to be certain.
This is not a mistake or an oversight. Officers evaluate the legality based on the assessment of issued orders. The officers ensure that the U.S. Constitution and laws are followed. This process has been in place for generations.
A commissioned officer must disobey an illegal order and is expected to know what an illegal order is. Hours of classes are given at military schools detailing what a legal versus illegal order is. Each year officers and enlisted are required to take classes and briefings regarding legal and illegal orders.
Congress created two different oaths for a reason. The oaths make certain that civil and military relations remain firm. Because of the two very different oaths, those that wear the uniform do not have equal responsibility when evaluating the legality of orders received.
Do not be fooled by politicians and media talking heads. I hope that you can see that checks and balances have been built into the system. The military is not a mass of thoughtless mind numb robots but is made up of functioning, thinking individuals formed into a team.
I point out the differences in the enlisted and officers’ oaths to help you understand there is a well-thought out system to ensure legal orders are given. If somehow an illegal order is issued, there are checks in place to abort that order. I hope that this gives you some understanding, some confidence and some clarity.
Richard W. Kucksdorf is a retired colonel with the U.S. Army. He served 34 years with two combat commands and is a graduate of the U.S. Army War College.
