Opinion: What will the military do if Trump issues unconstitutional orders?

By ML Cavanaugh

Updated: 2 hours ago Published: 2 hours ago

All Americans in the armed forces and all veterans who have served hope and pray for peace and stability under the recently re-elected new Commander in Chief. Political leanings play no role here. We salute and serve because that is who we are – even though our oaths may soon be tested as the next front line in the war for America’s soul.

All military personnel take an oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” Enlisted personnel also swear to “obey the orders of the President of the United States and the orders of the officers appointed to my command, in accordance with the regulations and the Uniform Code of Military Justice.” Faced with Donald Trump’s threats to use the military against his own enemies, some are wondering with fear: what will the military do if the president issues unconstitutional orders? While no one would ever want to take on such a challenge, I have full confidence that Americans in uniform will honor the highest duty to which we are sworn, and that is to the Constitution.

My introduction to the oath took place at West Point, when a Vietnam War veteran and professor told me clearly: “Just WHO do you want to be? A employee? Or a professional and selfless servant of the nation? It was a warning and an expectation that, decades later, might be the most consistent North Star I have known. I fought with better men than me who died in Iraq, I spent years and years overseas missing birthdays and daily newspapers with my young daughters, and my last act in uniform was to donate a kidney to Walter Reed National Military Medical Center. I would not have done these things if I had not spoken the words spoken at my commissioning ceremony, pledging my “true faith and allegiance,” which means more to me than my next breath, even now that I retired from active duty. .

I’m not alone. Millions of other people make this same oath central to their lives. I compare it to a baptism; instead of joining a religious community, we commit our lives to the ideals of the United States.

It’s not just words. They are practical; they are our common ground, no matter where we come from or whatever our political differences. They build trust for cohesion to work in terrifying and violent circumstances. And these oaths that fuel American national security will likely be tested in the years to come.

During his first administration, Trump threatened to use the Insurrection Act (of 1807). At one point, he suggested that the army shoot protesters in the legs, which clearly would have been illegal. More recently, he said he would invoke the Foreign Enemies Act (of 1798) and could use the military to arrest and deport non-citizens. If either order were followed – whether the 1st Armored Division marched into Cincinnati or the 82nd Airborne Division launched into DC – it would immediately pose a compelling test for the U.S. Army.

What will the troops do? Should the American military blindly obey their commander in chief? Or should these individuals always defy orders they view as unconstitutional?

Unfortunately, the answers are not simple.

America’s military oaths recommend thoughtful loyalty, not thoughtless loyalty – and the law holds each troop responsible for doing the right thing. There is no answer superior (“let the master answer”), no “just follow orders” defense, a principle discredited since World War II when the international community held middlemen and foot soldiers accountable for their war crimes ordered by Nazi commanders . Thus, the first duty of the military is to obey legal orders (and disobey illegal orders). Our generals and JAGs (military lawyers) must lead the institution through the ethical minefields that lie ahead. They, and all those in camouflage, must defend their moral position with a courage indistinguishable from that of the battlefield. Because their oaths require that they “be prepared not only to die for (their) country, but also to be fired for it,” in the words of John Silber.

There is another fundamental obligation for the military, one that has made the uniformed services one of the nation’s last trusted institutions. To preserve American democracy as it exists, the armed forces must always remain politically neutral and not side with any politician or party. This is where things get even more complicated.

Whether a president has ordered the military to shoot protesters or become significantly involved in mass detentions in the country, what the military should do – obey or defy – depends heavily on the specifics of the situation and of any threat of actual violence. Issuing an advisory opinion without this context would be professional misconduct. The world is as gray and complex as our oaths are pure and simple.

Because there could be constitutional circumstances favorable to military engagement on American soil. We simply cannot yet know whether controversial orders will come, and if so, what the situation will be.

What we can know is that the US military is a house with good bones. This is an institution that has been preparing for dire circumstances like these for some time. A century ago, a West Point chaplain wrote the “Cadet Prayer,” which advises: “Make us choose the more difficult good rather than the easier evil.” »

Hopefully our next president will not attempt to abuse his authority as commander in chief. But if he does, Americans in uniform will choose the hard right – so help us.

ML Cavanaugh recently retired after 25 years in the United States Army. He co-founded the Modern War Institute at West Point. Originally published in the Los Angeles Times.

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