Malcolm Rivera
Military personnel in the US swear allegiance to the Constitution and the American people, not to any individual leader or party. This includes generals, who are top-ranking military officers. The oath taken by US military officers is identical to the one taken by the President of the United States. This oath is to support and defend the Constitution of the United States. The Constitution outlines that the military must follow the orders of the democratically elected civilian President. However, if the President issues an unlawful or unconstitutional order, US military personnel are not required to obey, as their oath is to the Constitution, not the President.
| Characteristics | Values |
|---|---|
| Military personnel allegiance | The Constitution, not the President |
| Military officers' oath | To support and defend the Constitution of the United States |
| Military service | To the American people, not one leader or party |
| Military officers' oath | Upon commissioning, but not to a person |
| Military foundation | Taught at West Point |
| West Point cadets' oath | To support the Constitution |
| West Point cadets' oath | To a system of government codified in the Constitution |
| West Point cadets' oath | To understand their oath |
| West Point cadets' oath | To follow the orders of the civilian President |
| West Point cadets' oath | To ensure no one person has power over the military |
| West Point cadets' oath | To ensure the military is beholden to the public it serves |
| Military personnel | Swear allegiance to a document that outlines their government |
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What You'll Learn
- Military personnel swear allegiance to the Constitution, not the President
- Military officers take an oath to support and defend the Constitution
- Cadets take an oath to the Constitution and teach this to others
- The Constitution sets the foundation for civilian control of the military
- Military personnel serve the nation as a whole, not one leader
Military personnel swear allegiance to the Constitution, not the President
Military personnel swear allegiance to the Constitution and the American people, not to any individual leader or political party. This includes the President, to whom military personnel do not swear allegiance. The oath taken by military officers upon commissioning is to support and defend the Constitution of the United States. The Constitution outlines the system of government, and Article I states that Congress declares war and funds the military, while Article II states that the military must follow the orders of the democratically elected civilian President.
The Framers of the Constitution distributed authority over the military among elected officials to ensure that no one person has absolute power over the military and that the military is accountable to the public it serves. Military officers are taught the importance of their oath to the Constitution, and this education is intended to extend beyond the classroom to the values and behaviours of all service members. Cadets at West Point, for example, take an oath to the Constitution and are taught about the non-partisan nature of the military.
While both officers and enlisted service members swear to support and defend the Constitution, enlisted personnel also commit to obeying the orders of the President and their superior officers. This has raised concerns that soldiers may prioritise obedience to a person over their commitment to the Constitution. However, it is important to note that any order that is unlawful or treasonous must be disobeyed, and that the oath of enlistment refers to the office of the President rather than the individual holding that office.
In practice, disagreements over the constitutionality of orders rarely lead to outright refusals to follow them. Instead, the order may be passed to someone willing to carry it out, or the issue may be negotiated to reach a compromise. This is partly because constitutional issues rarely arise in direct contact with the enemy and are often flexible in nature.
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Military officers take an oath to support and defend the Constitution
Military officers in the United States swear an oath to support and defend the Constitution, not an individual. This is a fundamental principle of the US military, and it is essential to understand that military commanders must follow the laws, policies, and directives provided by the Constitution.
The oath taken by officers differs from that of enlisted members, who swear an oath upon entering the service. Officers, on the other hand, swear an oath upon commissioning, and it is traditional for them to recite it again upon promotion. The oath is as follows:
> "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 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 of the National Guard of the various states take a slightly different oath, adding a reference to the Constitution of the state they serve:
> "I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State (Commonwealth, District, Territory) of [state name] 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 reservations or purpose of evasion, and that I will well and faithfully discharge the duties of the Office of [grade] in the Army/Air National Guard of the State (Commonwealth, District, Territory) of [state name] on which I am about to enter, so help me God."
The oath taken by officers is identical to the one taken by the President of the United States, emphasizing loyalty to the Constitution over any individual. This oath is a cornerstone of the nonpartisan ethic of the US military, and it is essential for maintaining trust in the military's expertise and judgment, rather than loyalty to any one person or political party.
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Cadets take an oath to the Constitution and teach this to others
Cadets at West Point and other service academies take an oath to the Constitution of the United States on their first day. They are taught about the importance of their oath and the non-partisan nature of the military. Cadets are also instructed on the history of the civilian-military relationship and the fact that the military is beholden to the public it serves. The cadets are expected to pass on this knowledge to the soldiers they will lead when they graduate.
The oath that cadets take is to support and defend the Constitution, not to obey any individual. This is to ensure that no one person has unchecked power over the military. Cadets are taught that the military's allegiance is to a system of government, as codified in the Constitution. The Constitution outlines that Congress has the power to declare war and fund the military, while the military must follow the orders of the democratically elected civilian president.
The curriculum at West Point and other service academies focuses on oaths and loyalty to the Constitution, with multiple classes on the topic. Cadets are taught that their oath forms the basis of a nonpartisan ethic and that military leaders should be trusted for their expertise and judgment, not their loyalty to an individual or political party. The cadets are also made aware of the national mood and the potential for political divisions to seep into the military.
The service academies are trying to update how they teach future officers to navigate the country's political polarization. Cadets are taught that when an order is unlawful or treasonous, disobedience becomes a duty. They are also taught about the history of the oath, which has its roots in the Revolutionary War and was created to support democratic processes and civil liberties.
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The Constitution sets the foundation for civilian control of the military
The US Constitution sets the foundation for civilian control of the military, with military officers swearing an oath to support and defend the Constitution, rather than an individual or office. This is to ensure that no one person has unchecked power over the military and that the military is beholden to the public it serves.
Article I of the Constitution states that Congress has the power to declare war and fund the military, while Article II makes clear that the military must follow the orders of the democratically elected civilian president. This distribution of power over the military among elected officials is intended to ensure that the military is controlled by the will of the American people as expressed through elections.
Military personnel swear allegiance to the Constitution and the American people, not to any one leader or party. This is reflected in the mandatory courses on the Constitution and American politics taught at West Point, where cadets take an oath to the Constitution. Upon graduation, they take a similar oath as they transition into military officers. At West Point, cadets are taught that the military's allegiance is to a system of government, rather than any individual. This nonpartisan ethic is essential to maintaining trust between civilian leaders and the military, with the understanding that civilian leaders will explore alternatives that are in the best interests of the country, while the military will faithfully implement directives, even if they run counter to their professional military preferences.
The US military's allegiance to the Constitution, rather than any individual, has been a topic of discussion, particularly in relation to presidential candidates emphasizing their connections to the military. For example, on his inauguration day, former President Donald Trump pointed to retired Marine four-star generals John Kelly and James Mattis, who were serving in his cabinet, referring to them as "my generals" rather than as military leaders serving the nation as a whole. This reflects a concern that the military could be used as a tool to gain a partisan advantage rather than as a professional group that should be trusted by both parties.
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Military personnel serve the nation as a whole, not one leader
Military personnel swear allegiance to the Constitution and serve the American people, not one leader or party. Military officers take an oath upon commissioning, but not to a person. Their oath is to support and defend the Constitution of the United States. This is taught at West Point, where the foundation of the curriculum is that the military's allegiance is to a system of government, as codified in the Constitution. Article I of the Constitution states that Congress declares war and funds the military, while Article II makes clear that the military must follow the orders of the democratically elected civilian president. The Framers of the Constitution shared authority over the military among elected officials to ensure that no one person has unchecked power to direct the military and that the military is beholden to the public it serves.
The oath that military personnel take is identical to the one that the President of the United States takes. It is an oath of loyalty to the Constitution, and not to any individual. This is true for both officers and enlisted personnel, although the specific wording of their oaths has changed over the years as the relationship between the military and society has evolved. While officers swear to support and defend the Constitution, enlisted service members also commit to obeying the orders of the president and the officers appointed over them.
The unique nature of the US military's allegiance is highlighted by Justice Scalia, who used to give an open lecture at Quantico because he felt it important that Marines knew about the Constitution. He stated that the US military is the only one in the world that pledges allegiance to a document outlining its government, rather than to a leader or party.
The importance of this distinction is further emphasized by the fact that any potential conflict between the military's allegiance to the Constitution and its duty to follow the orders of the President can create complex situations. In theory, military commanders must be governed by the policies and directives issued to them in accordance with the laws and Constitution. However, in practice, there are very few cases where high-ranking officers end up in a situation where they need to refuse to follow orders due to constitutional concerns. This is partly because there are almost no constitutional issues that arise when in direct contact with the enemy, and any issues that do arise are often flexible and can be resolved through negotiation or delegation.
Overall, the US military's allegiance to the Constitution and the nation as a whole, rather than to any individual leader, is a fundamental principle that is instilled through oaths, education, and the distribution of power outlined in the Constitution itself.
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Frequently asked questions
Yes, US military personnel swear allegiance to the Constitution and the American people, not to any individual leader or party.
The oath that US military officers take is: "I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States."
Cadets at West Point take an oath to the Constitution on their first day. When they graduate, they take a similar oath as they transition from cadet to military officer.
The US military is unique in that it pledges allegiance to a document outlining its system of government, rather than to a person or party. This ensures that no one person has unchecked power over the military, and that the military's actions are accountable to the public it serves.
While it is rare for such cases to arise, there have been instances where high-ranking military officials have refused to carry out orders from the President that they deemed unconstitutional. General MacArthur, for example, was fired by the President for refusing to respect his authority.
