Isabella Carter
The US military is sworn to protect the Constitution, not the President. While they have to follow the President's orders, if these orders conflict with the Constitution, the Constitution takes precedence. The commissioned officer's oath is only to the Constitution, while the enlisted and non-commissioned officer's oath is mostly about following orders.
| Characteristics | Values |
|---|---|
| Who are they sworn to protect? | The Constitution |
| Who do they follow orders from? | The President |
| What happens if the President's orders conflict with the Constitution? | The Constitution takes precedence |
| Who decides what is Constitutional? | The Supreme Court |
| What about unlawful orders? | Any order, even from the President, can be disobeyed if it is not lawful |
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What You'll Learn
- The military is sworn to protect the Constitution, not the President
- The military must follow the President's orders, but only if they are lawful
- The Supreme Court determines what is Constitutional
- The military's oath is to defend the Constitution against all enemies, foreign and domestic
- The military is sworn to bear true faith and allegiance to the Constitution
The military is sworn to protect the Constitution, not the President
The oath states:
> I, _____, having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ 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 reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.
The UCMJ specifies that only lawful orders are to be followed. Military personnel are only loyal to the President so long as his orders are lawful, and if they conflict with the Constitution, they are to be disobeyed. The President is at the top of the military chain of command, but any order given by any officer, including the President, may be disobeyed if the order is not lawful.
Congress' Oath: Protecting the Constitution
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The military must follow the President's orders, but only if they are lawful
The military is sworn to protect the Constitution, not the President. While they are expected to follow the President's orders, they are only obliged to do so if they are lawful. The oath of a commissioned officer is only to the Constitution. The Uniform Code of Military Justice (UCMJ) specifies that only lawful orders are to be followed. If the President's orders conflict with the Constitution, they are to be disobeyed.
The oath sworn by officers in the Army of the United States includes the following:
> 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 reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.
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The Supreme Court determines what is Constitutional
The U.S. military is sworn to protect the Constitution, not the President. While they have to follow the President's orders, the Constitution takes precedence. The Supreme Court is currently in charge of determining what is Constitutional, and it is not uncommon for them to disagree among themselves.
The oath sworn by the military is as follows:
> I, _____, having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ 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 reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.
The commissioned officer's oath is only to the Constitution, while the enlisted (and non-commissioned officer's) oath is mostly about following orders. The President is at the top of the military chain of command, but any order given by any officer, including the President, may be disobeyed if the order is not lawful or conflicts with the Constitution.
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The military's oath is to defend the Constitution against all enemies, foreign and domestic
The US military is sworn to protect the Constitution, not the President. The oath is as follows:
> I, [name], having been appointed an officer in the Army of the United States, as indicated above in the grade of [grade] 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 reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.
The enlisted (and non-commissioned officer's) oath is mostly about following orders. The commissioned officer's oath is only to the constitution. The military must follow the President's orders, but if they conflict with the constitution, the constitution takes precedence. The President is at the top of the military chain of command, but any order given by any officer, including the President, may be disobeyed if it is not lawful.
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The military is sworn to bear true faith and allegiance to the Constitution
The oath states:
> I, _____, having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ 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 reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.
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Frequently asked questions
Yes, the military is sworn to protect the constitution. The oath is to the constitution, not the president. If the president's orders go against the constitution, the constitution takes precedence.
The oath says: "I, _____, having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ 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 reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God."
The military is only loyal to the president so long as his orders are lawful. If they conflict with the constitution, they are to be disobeyed.
