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Thread: Unlawful Order...

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    Administrator UncaRastus's Avatar
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    Re: Unlawful Order...

    I believe that if I were ordered to do something blatantly unconstitutional, that I would refuse the orders at the first statement of that order. With the war powers act on the President's behalf, I would have found it hard to refute going on a police action in a foriegn country.

    Having said that, if I were ordered to disarm American citizens in the USA, or was ordered to take quarters in a citizen's house, the first would be against the 2nd amendment, while in the second case, that would abrogate the Posse Commitatus Act.

    I state the 2nd amendment because the Supreme Court found that the American people (minus felons) do have the right to bear arms. No matter whether you agree with that decision or not, that IS the law of the land.

    Of course, states may decide differently.

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    Re: Unlawful Order...

    Quote Originally Posted by UncaRastus View Post
    I believe that if I were ordered to do something blatantly unconstitutional, that I would refuse the orders at the first statement of that order. With the war powers act on the President's behalf, I would have found it hard to refute going on a police action in a foriegn country.

    Having said that, if I were ordered to disarm American citizens in the USA, or was ordered to take quarters in a citizen's house, the first would be against the 2nd amendment, while in the second case, that would abrogate the Posse Commitatus Act.

    I state the 2nd amendment because the Supreme Court found that the American people (minus felons) do have the right to bear arms. No matter whether you agree with that decision or not, that IS the law of the land.

    Of course, states may decide differently.
    Taking quarters is also addressed in the 3rd amendment, depending on the circumstances.
    Although many states have been forcing thier will on the people to decide differently the 9th amendment lends a different light. Although the 2nd specifically enumerates the right of the people, even were it not the 9th guides that we still have the right of arms. And the 10th helps a little in that it can also argue in favor of the people.
    Rear Admiral Yancy Graham: You watch yourself, Dodge. You are addressing a superior officer!
    Lt. Comd. Dodge: No, merely a higher ranking one.

  3. #23
    Administrator UncaRastus's Avatar
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    Re: Unlawful Order...

    Well said, oldgrndr@!

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