Some people think I am a bit overbearing when it comes to things going on in this country, so I have decided I will explain why...
On April 1, 1982 - in a small room at MEPS (Military Entrance Processing Stations) in Springfield, MA. I swore the following oath:
"I, _____, do solemnly swear 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; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
Now, according to my faith, swearing an oath before God is the act of swearing an oath that you will uphold - even to the point of death. As there is not a time constraint, like "I will do this for 6 years and then I am done", that means it is an oath I am sworn to until I die. Now, I know that some of you are about to point out the sections that says "I will obey the orders of the President of the United States and the orders of the officers appointed over me" and call me out for my take on our current administration and my apparent lack of respect for our current President and his policies and laws. However, what you are missing is the part that says "according to regulations and the Uniform Code of Military Justice".
The UCMJ is QUITE specific that is against regs to fail to follow a LAWFUL order issued by your chain of command. Even as far back as 1799, during the War with France, the Supreme Court set the precedent that we are NOT required to follow an UNLAWFUL order. (Google "Supreme court, 1799, Danish, Flying Fish" for details). As a matter of fact, the Supreme Court stated that anyone following such UNLAWFUL orders are acting "at their own peril".
Any so-called "law" - that is in direct violation of The Constitution - is NOT a law I will defend nor willingly follow. So - how do "I" determine for myself what "I" believe to be an UNLAWFUL order? The Court of Military Appeals holds that "the justification for acts done pursuant to orders does not exist if the order was of such a nature that a man of ordinary sense and understanding would know it to be illegal". So, in their eyes, those types of things would constitute an UNLAWFUL order. When I look at policies that the current/past/future adminstrations put forth as "law" - that is the standard I have to look at them with. Would "a man of ordinary sense and understanding" believe this policy or "law" to be in direct violation of The Constitution and what it stands for?
Does a "law" that gives the Government the right to detain anyone, including American Citizens, for indefinite amounts of time without the benefit of due process sound like it "upholds the Constitution"? Does a law that says the government or its agents, without cause or provocation, may, at any time, stop me in my travels and search my person and my belongings without even a search warrant sound like IT does? Laws that state that flag burning and desecration - and protests of military and other funerals - are protected under the First Amendment right to freedom of speech and expression - but my right to fly a US flag can be squashed by some random home owners association or other organization's charter - merely because someone might be offended at the sight of our Nation's Flag - these laws do not sound like they have the "heart and spirit" of The Constituion in mind. As a matter of fact, I am sure that each time one of these "laws" is passed or protected - the souls of our forefathers weep for what our Nation is becoming.
The title of this site says it all for me - some things just are NOT Rocket Science... Nor should they be.
I have recently taken a break from blogging here - but I feel it is time I get back to this - so expect to see more entries soon and more frequently.