OldSarge, hypothetical question: If the President of the United States orders the troops to do something that is specifically prohibited by the Constitution of the United States of America, what obligation do the troops have?
Originally Posted by Sidewinder
Sidewinder, let me tell you what I told my soldiers when I taught the "Law of LandWarfare" class to them in Basic.
It is up to each individual person to make the choice when asking themselves "Is that a LEGAL order?" And then be ready to accept the consequences. If you believe the order is illegal, it is your duty to NOT obey it. If I order you to shoot a prisoner, are you bound to obey it? The answer is no, but then I have the right to put you up for a court-martial because you disobeyed an order. If you were right, the court finds you not guilty and I go to prison for giving an illegal order. If you weren't, they find you guilty and you go to prison.. but only YOU can make that choice at the crucial moment.
So... given that, if an order came down from higher to "shoot that guy up on the stage for inciting a riot" when it appears all he is doing is exercising his first amendment free speech right, I have to decide if that's a legal order that I must obey or not.
For me, given the hypothetical just stated, I would have disobeyed that order and ordered my soldiers to do the same.