FND Prediction #2: When Can the Military Disobey the President?
One of the central questions explored in my book is what to do with a president who violates the Constitution; when he in essence becomes a "domestic enemy." The Founding Fathers provided the answer in the enlisted Oath of Office: protect the Constitution first, obey the president second. This doctrine is now being tested by Martin Lewis, a Huffington Post columnist, who called today for the Joint Chiefs of Staff to arrest President Bush for conduct unbecoming.
The wording of the oath was not haphazard. All early-American officials recognized the potential for one of their own to carry out "domestic usurpation of power." If it ever came to be that the president and the Constitution came into conflict, the case was clear: the tie was to go to the Constitution.
When a military decides to disobey its commander-in-chief, it better be for a good reason. However, when titanic events confront you, there are no black-and-white rules--it's a judgment call. Like the Colonies did when they rebelled against King George. Like Lincoln did when he suspended habeas corpus. Like a private must do when his lieutenant's orders are unlawful. Judgment is another word for common sense. It must pass the bullshit test with a majority of the population--something Lewis' call for a coup does not (as attested to by Captain Ed and Sister Toldjah).
The only way to confront an immovable object is with an irresistible force. Washington had it over Cornwallis. Lincoln had it when staring down Justice Taney. The Middle States will have it when the Sovereign Forces fight President Earle.
It's getting closer than I thought.
UPDATE: More at Hotair via Ed Driscoll. Good comments at Patterico.





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