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US Military: Unconstitutional orders are unlawful; defend Americans, don’t NDAA “disappear” them

Carl Herman
Washington’s Blog
Tuesday, December 20, 2011

US military take an Oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic.”

The US Constitution refutes the so-called “National Defense Authorization Act” provisions for US military to seize people in America (hereherehere).  The 5th and 6th Amendments of the US Constitutionpromise that if the government is to seize you, they damn sure have to demonstrate you’ve committed a crime (my comments). Note that these promises apply to all persons, not just citizens:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury (that means a jury of one’s peers, not the dictatorship of “the leader” – “fuehrer” in German)… nor shall any person… be deprived of life, liberty, or property, without due process of law;…

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

The Oath to the US Constitution is first and primary for the US military to defend America and our freedoms. By definition, America’s freedoms are in our Constitution. The respect Americans and the world have for US military is in proportion to upholding the freedoms in the US Constitution.

US military are trained to refuse unlawful orders. The Uniform Code of Military Justice (UCMJ) Article 92 makes US military duty clear to obey lawful orders. The primary source for lawful orders is the US Constitution. A nation’s constitution are its central and defining laws.

Any order that interferes with constitutional law is by definition an unlawful order that must be refused. Using the US military to seize Americans is such an obvious breach of the US Constitution that it evokes the legal term, ab initio: void and without legal effect from the beginning. Such orders are such an attack upon the US Constitution that the closest crime I can imagine for those voting for it is treason: war upon the US Constitution and its people.

Another unlawful order would be against the 1st Amendment to interfere with Internet freedom of speech and/or Occupy movements: “Congress shall make no law…abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble.”

US military who defend the US Constitution from those attacking it will also be attacked.

Those attacks will come in various forms of threats. Requiring that orders be written, signed, and explained how they support the US Constitution might be a good first line of defense to make the choice of sides clear to your brothers and sisters in uniform.

It will take courage to defend the Constitution against predictable uses of intimidation and force. With enough US soldiers’ defense of the US Constitution, enemies to it will be seen for what they are, be isolated, and face justice.

I assert that depression and suicide of your brothers and sisters in uniform are a direct function of your being ordered into unlawful wars (resources below to explain and document). Standing for the Constitution is how you fight back.

US military: honor your Oath. Support and defend the Constitution of the United States against all enemies, foreign and domestic.

Be heroes for the brighter future we all feel, see, and choose to build.

The solution is to arrest and prosecute the obvious criminals in areas of war policy and corporate media that lie in provable commission and omission to continue US CRIMINAL wars.

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