Category Archives: Constitution

U.S. military’s Oath of Enlistment

U.S. military oath of enlistment

The Oath of Enlistment

I do solemnly swear (or affirm) 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.

Military discipline and effectiveness is built on the foundation of obedience to orders. Recruits are taught to obey, immediately and without question, orders from their superiors, right from day-one of boot camp.

Military members who fail to obey the lawful orders of their superiors risk serious consequences”

  • Article 90 of the Uniform Code of Military Justice (UCMJ) makes it a crime for a military member to WILLFULLY disobey a superior commissioned officer. In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.
  • Article 91 makes it a crime to WILLFULLY disobey a superior Noncommissioned or Warrant Officer.
  • Article 92 makes it a crime to disobey any lawful order (the disobedience does not have to be “willful” under this article).

Seems like pretty good motivation to obey any order you’re given, right? Nope. These articles require the obedience of LAWFUL orders. An order which is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it. Military courts have long held that military members are accountable for their actions even while following orders — if the order was illegal.

“I was only following orders,” has been unsuccessfully used as a legal defense in hundreds of cases (probably most notably by Nazi leaders at the Nuremberg tribunals following World War II). The defense didn’t work for them, nor has it worked in hundreds of cases since.

The first recorded case of a United States Military officer using the “I was only following orders” defense dates back to 1799.

During the War with France, Congress passed a law making it permissible to seize ships bound to any French Port. However, when President John Adams wrote the order to authorize the U.S. Navy to do so, he wrote that Navy ships were authorized to seize any vessel bound for a French port, or traveling from a French port. Pursuant to the President’s instructions, a U.S. Navy captain seized a Danish Ship (the Flying Fish), which was en route from a French Port. The owners of the ship sued the Navy captain in U.S. maritime court for trespass. They won, and the United States Supreme Court upheld the decision. The U.S. Supreme Court held that Navy commanders “act at their own peril” when obeying presidential orders when such orders are illegal.

HAT-TIP to About.com

The NCOs in our military are the ones who suffer the most from orders that are questionable at best. They are responsible for directing the junior enlisted servicemen, who are most susceptible to following illegal orders. Pray for our small unit leaders and give them the courage they need to follow all lawful orders.

~Justin

Leader of U.S. veterans coalition renews Patrick Henry’s call to liberty

I am an American citizen

Below is the Memorial Day speech delivered by my friend John J. Molloy, Chairman of the National Vietnam & Gulf War Veterans Coalition, at the Ride For Freedom Rally (of biker veterans) in Rainelle, West Virginia, on May 23, 2015.

John Molloy

Brothers & Sisters,

Though it is customary over the Memorial Day weekend to render flowery speeches about our departed veterans who sacrificed their lives for our freedom, this will not be one of them.

This year marks the 240th anniversary of the commencement of the Battle of Lexington (though some may argue that the Revolution began at the Battle of Point Pleasant, here in West Virginia). This year is also the 70th anniversary of the defeat of the Nazis and Tojo in World War II. Each event a high point in our nation’s history. However, it also marks a sad anniversary, the 40th anniversary of the fall of Saigon to the North Vietnamese, when the lives and sacrifices of American and allied South Vietnamese soldiers were disgracefully discarded by cowardly politicians.

Since that fateful day in April 1975, it appears that our armed forces have rarely been permitted to fight to win. Then as now, ridiculous rules of engagement do not permit our fighters to engage the enemy, even when being shot at, without first getting authorization.  Well, new flash! The purpose of our armed forces is supposed to be ‘kill people and break things’. Hearts and minds are won though victory and fear. We should be generous in victory, but not before.

The fact that our political leaders have abrogated all our past sacrifices is obvious.

The National Vietnam & Gulf War Veterans Coalition was established to resolve those issues important to those of us who served in, as well as those who support veterans of Vietnam, the First Gulf War and all of America’s subsequent wars. The issues include:

  • Prisoners of war (POW) and missing in action (MIA)
  • Agent Orange
  • Gulf War illness
  • Homeless veterans
  • Veterans employment/unemployment
  • Veterans health care/V.A. hospitals

However, efforts to resolve these issues are meaningless if Americans lose their freedom. Upon entering our nation’s armed forces, we swore to defend the United States of America from all enemies, foreign and domestic. Without freedom, we can resolve nothing.

Consequently, it is the primary objective of the Coalition — and the 70 veterans organizations and the over quarter of a million veterans it represents — to support those measures that will ensure the freedom, safety and security of the United States of America, which this administration is not ensuring.

Unlike most veterans organizations, the Coalition is not a veterans service organization. It is a political/educational organization that evaluates and endorses candidates for political office, by determining if they are capable and willing to not only support those issues of concern to veterans, but most importantly, abide by their oath of office should they be elected. Unfortunately, those who fail to abide by their oath outnumber those whom the Coalition has endorsed, and even some who the Coalition has endorsed have succumbed to the dictates of this administration and congressional leadership.

It is because of this administration’s sympathy toward those who would destroy us politically, economically and militarily, as well as the weakness and complicity of many senators and representatives, that America is now at great risk. America is besieged on all sides whether by racial-ethnic unrest, illegal immigration, Islamic terror, and even an Ebola outbreak. But this administration and the liars who support it expect us to believe that our greatest problem is climate change. They think us to be idiots and treat us accordingly. I think that I can safely assure you that this cannot continue without a reckoning. And I suspect that this administration wants it to occur so that it will be provoked into subduing us.

One only needs to look at some of our leaders to see where America is headed. Obama has failed to subdue ISIS, uses executive action to provide amnesty to illegal aliens, refers to those killed by Muslim terrorists at Benghazi as “bumps in the road,” and refers to the Fort Hood massacre as workplace terror.

Well, who are his advisors and senior cabinet members?

  • Jeh Johnson, secretary of the Department of Homeland Security (DHS), who praises the Muslim Brotherhood.
  • Valerie Jarrett, White House senior advisor, an Iranian Muslim who treats our senior military leaders with disdain.
  • John Brennan, CIA chief, who is a Muslim.
  • Gen Clapper, Director of National Security, who is a moron.
  • Mohamed Elibiary, senior member of the DHS Security Advisory Council, who is an advocate of Hamas.
  • Eric Holder, U.S. attorney general (2009-2015), who wanted to take away our second amendment rights and supports the rioters who defy our police.
  • Loretta Lynch, Holder’s successor who wants to nationalize our police forces.
  • Huma Abedin, Hillary Clinton’s advisor, whose father and brother are senior members of the Muslim Brotherhood.
  • Al Sharpton, the race baiter and agitator who defends criminals against legitimate law enforcement.

So what can we do?

Here, I must take the liberty of referring to and paraphrasing a famous speech made in the Spring of 1775, the eve of the American War for Independence.

“They tell us, sir, that we are weak, unable to cope with so formidable an adversary. But when shall we be stronger? Will it be next week or next year? Will it be when we are totally disarmed and when members of the FEMA or DHS or the “federal protective agency” (formerly, the police) invade every house?

Shall we gather strength by irresolution or inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs and hugging the delusive phantom of hope until our enemies have bound us hand and foot?

We are not weak if we make a proper use of those means by which God has placed in our power. Millions of people, armed in the holy cause of Liberty, in such a country as we possess, are invincible by any force which our enemy can send against us. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battle with us.

This battle is not for the strong alone; it is to the vigilant, the active, and the brave. Though in 2016 an election by peaceful means is desirable, there is that possibility that it may not be achievable, in which case there will be no retreat but submission or slavery.

Our chains are forged and heard on the streets of Washington, D.C. If war is inevitable to preserve our freedom, then let it come!

Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? I wonder, at times, whether we are not already there.”

******************************************************

Now friends, it may soon be up to us to prevent those freedoms which were defended by our forefathers whom we memorialize this weekend, from being lost.

These freedoms must be passed on to our descendants. However, they must not take these freedoms for granted. They must be willing to join our efforts.

Though many hope that the presidential election of 2016 will resolve America’s problems, of that I would not be too confident.

Last year, we gave a vote of no confidence to Obama when we obtained Republican majority in the Senate and retained the Republican majority in the House. Unfortunately, the leadership of those whom we elected are weak and, I daresay, treacherous. In addition, with the possibility of illegals casting ballots and the continuation of election fraud, we would be foolish to place confidence in an election that may truly be rigged or be a shallow or empty victory.

In either case whether we like it or not, hope rings hollow and achieves nothing. If ISIS or rioters were to attack our homeland, if our government attempts to disarm us, we cannot defeat them with hope. Unfortunately, based on what appears to be on the national horizon, the ultimate solution may be Bullets rather than Ballots.

As Patrick Henry said so admirably at the end of his speech that Spring day 240 years ago:

Give me Liberty or Give me Death!!!!

Patrick Henry

For Patrick Henry’s speech, “Give Me Liberty Or Give Me Death!,” at the Second Virginia Convention on March 23, 1775, in Richmond, Virginia, go here.

In Liberty,

~Éowyn

Chicago Gun Control at Work: 6 killed, 23 wounded in Memorial Day weekend shootings

Welcome to Chicago sign

MyFoxChicago: Six people were killed and at least 23 others—including a 4-year-old girl—have been wounded in shootings across Chicago this Memorial Day weekend, police said.

jacaleThe 4-year-old, identified by her family as Jacele Johnson, was shot about 8 p.m. Friday in the West Englewood neighborhood. She and her 17-year-old cousin Romare Wilson were inside an SUV in the 7000 block of South Justine when another vehicle pulled up and someone inside opened fire, according to their family and Chicago Police.

The girl was shot in the head and taken to Comer Children’s Hospital, where she was in critical condition, authorities said. The teen was shot in the chest and grazed by a bullet in the neck. He was in serious condition at Christ Medical Center in Oak Lawn.

A 15-year-old girl standing on a sidewalk nearby was shot in the forehead and was taken to Stroger Hospital, where her condition stabilized, police said. Family members said on Saturday that Jacele had been responsive following surgery.

The weekend’s three most recent fatal shootings happened within about an hour of each other in separate attacks from late Saturday into early Sunday on the South and Northwest sides.

In the West Englewood neighborhood about 12:45 a.m. Sunday, four people were denied entry to a party in the 6100 block of South Honore, police said. The four males then surrounded the party and opened fire, striking three people outside.

A 29-year-old woman shot in the chest and leg was taken to Holy Cross Hospital, where she later died, police said. A 39-year-old man shot in the chest was taken to Stroger Hospital in serious condition, and a 25-year-old man shot in the arm was taken to Holy Cross, where his condition stabilized, police said.

Minutes earlier, one man was shot dead and another wounded in South Shore. They were standing on the sidewalk in the 7900 block of South East End Avenue at 12:27 a.m. when a gunman fired shots, police said. One of them, age 32, was shot in the neck and taken to Jackson Park Hospital, where he was pronounced dead, police said. Another man, whose age was not available, was shot in the buttocks and took himself to Jackson Park, where his condition was stabilized.

About 11:45 p.m. Saturday, a man thought to be between 20 and 30 years old was discovered shot to death in the Albany Park neighborhood, police said. He was found unresponsive with a gunshot wound to his face in an alley and pronounced dead at the scene in the 4700 block of North Albany, police said.

The Cook County medical examiner’s office could not immediately confirm those three fatalities.

Saturday afternoon, a 24-year-old man was found fatally shot in the Austin neighborhood on the West Side. Charlie R. Weathers had a gunshot wound to the head when officers found him about 12:45 p.m. in the 0-100 block of North Laramie, according to police and the Cook County medical examiner’s office. Weathers, of the 5000 block of West West End Avenue, was taken to Mount Sinai Hospital, where he was pronounced dead at 2:01 p.m., authorities said.

Early Saturday morning, a 20-year-old man was found shot to death in University Village, police said. Officers responding to the 1000 block of West 14th Place about 2:10 a.m. found a 20-year-old man unresponsive with multiple gunshot wounds, police said. He was taken to Stroger Hospital, where he was pronounced dead, police said. The medical examiner’s office had not confirmed the fatality as of late Saturday.

The holiday weekend’s first fatal shooting happened about 1:45 a.m. Saturday in Wicker Park. Carlos F. Marino, 34, was sitting on the front porch of a home with two other people in the 1700 block of West Pierce when someone walked up and opened fire, authorities said. Marino, who lived on the same block as the shooting, was struck in the chest and shoulder and taken to Stroger Hospital, where he was pronounced dead at 2:34 a.m., authorities said.

The most recent nonfatal shooting happened in a possible drive-by attack about 12:35 a.m. Sunday in Roseland on the Far South Side. A 33-year-old man was in a backyard in the 200 block of West 101st Street when he “heard shots and felt pain,” police said. He was shot in the leg and taken in good condition to Roseland Community Hospital.

At least 16 other people have been wounded in separate shootings since 7:15 p.m. Friday.

Look, another fool who voted to re-elect me!

Look, another fool who voted to re-elect me!

Chicago voters just re-elected Emanuel to his second term, in which he claimed he’s going to focus on troubled youth in his second term. Good luck with that.

See also:

DCG

Texas professor: Americans are ‘unable to handle gun ownership’

The brilliant professor

The brilliant professor

Campus Reform: Americans are “unable to handle” their constitutional right to keep and bear arms, according to one Texas professor.

In a recent column for the Dallas Morning News, John Traphagan—a professor of religious studies and anthropology at the University of Texas at Austin—lambasted Americans for wanting to boost gun ownership and expand concealed and open carry laws. According to Traphagan, the 2012 shooting in Aurora, Colo. and recent biker gang shoot-out in Waco, Texas illustrate an epidemic of “ongoing violence” which he says Americans have become anesthetized to.

“There is simply no need for a civilized society to tolerate the type of gun-related violence that Americans seem to accept as normal,” Traphagan wrote. “Other modern industrial countries have realized… that it is unnecessary for people in a free society to have easy access to guns.”

According to Bloomberg Business, the number of individuals killed in mass shootings in the U.S. over the last three decades equals fewer “than a tenth of 1 percent” of the number of people murdered in America during that same time frame, as estimated by the Federal Bureau of Investigation.

Still, Traphagan maintains that Americans, as a whole, “do not seem to be able to handle gun ownership in a way that permits maintenance of civil society. [T]he evidence is clear — a heavily armed population in the U.S. is not secure because our culture does not seem to lend itself well to allowing the proliferation of guns,” Traphagan wrote.

Instead of allowing for widespread private gun ownership, Traphagan says the solution to preventing additional shootings is to enact additional laws that “prohibit many forms of gun ownership, significantly [curtail] or [eliminate] access to and the ability to purchase guns, and [implement] programs in which the government confiscates or purchases illegal guns already in circulation among the public.”

Traphagan cites the implementation of strict gun control laws in countries including Japan, Australia, and South Korea as standards the U.S. should follow. “Americans need to recognize that one of the greatest threats to national security is their own heavily armed population,” Traphagan wrote. “We need to enact legislation that will greatly reduce gun-related crimes and protect people from the dangers associated with widespread gun access and ownership.”

However, according to a comprehensive 2007 study by criminologists at Harvard University, stricter gun laws in European countries have failed to effectuate significant change. “There is a compound assertion that (a) guns are uniquely available in the United States compared with other modern developed nations, which is why (b) the United States has by far the highest murder rate,” the authors of the study wrote, adding, “though these assertions have been endlessly repeated, statement (b) is, in fact, false and statement (a) is substantially so.”

Traphagan concludes by asserting that Americans are better off living in a society that is secure “because people have peace of mind and experience freedom from violence” than in a secure society where “everyone is ready to shoot on another.”

Despite Traphagan’s confidence in stricter gun laws, Americans have demonstrated mixed feelings towards measures to enhance gun control. According to a 2013 Rasmussen report, less than 20 percent of Americans viewed stricter gun control laws as the most effective means of reducing the number of mass shootings and 62 percent said they do not trust the government to “fairly enforce gun control laws.”

Perhaps the good professor should take a class in Constitutional Studies.

second amendment3

DCG

Judge stops DC from enforcing part of ‘good reason’ gun law

Here's my "good reason" to carry...

Here’s my “good reason” to carry…

Fox News: People in the nation’s capital no longer have to show a good reason to get a permit to carry concealed handguns outside their homes and businesses. 

The District of Columbia’s police chief said Tuesday that she’s dropping this requirement, a centerpiece of the city’s handgun-control legislation, after a federal judge issued a preliminary injunction against it.

The good judge gets it right.

The good judge gets it right.

This is round two for the city and U.S. District Judge Frederick J. Scullin Jr., who also found the city’s ban on carrying handguns outside the home unconstitutional last year. Now he’s stopped the city from enforcing the key provision of a law the D.C. Council adopted in response.

The city’s law, one of the nation’s toughest, says a person must show a “good reason to fear injury to his or her person or property” or another “proper reason for carrying a pistol” to get a concealed-carry permit. Reasons might include a personal threat, or a job that requires them to carry or protect cash or valuables.

“For all intents and purposes, this requirement makes it impossible for the overwhelming majority of law-abiding citizens to obtain licenses to carry handguns in public for self-defense, thereby depriving them of their Second Amendment right to bear arms,” Scullin wrote in his 23-page ruling. His next hearing in the case is July 7.

States including Maryland, New Jersey and New York already require people to provide a reason for these kinds of permits, and federal courts have found them to be constitutional, according to a report the city did before passing its own new law.

D.C. Attorney General Karl A. Racine said he still believes the law is “constitutionally valid,” but his statement did not say whether the city will appeal.

Attorney Alan Gura, who is suing the city on behalf of the Second Amendment Foundation and three individuals, said he expects an appeal and won’t be surprised if the city asks to reinstate the requirement pending a final decision in court.

Alan M. Gottlieb, who founded the Washington state-based foundation, said he’s “delighted.” Requiring a reason for a permit “stinks, and always did stink, and now everybody knows it,” his statement said.

D.C. Police Chief Cathy Lanier, who has final decision-making authority on issuing the permits, said she won’t deny anyone for failing to show a reason. She also said she doesn’t think the preliminary injunction will prompt a spike in applications. About 100 people have applied for permits, and very few have been denied, she said.

“The vast majority of people applying for permits to carry in the District are not D.C. residents,” Lanier said on NewsChannel 8’s “NewsTalk” program. “Our residents are very clear that this is not something they wanted.”

DCG

Another brutal weekend: 40 shot, 1 fatally, in Chicago gun violence

rahm_emanuel_2

MyFoxChicago: A man was killed and at least 39 other people — including an 81-year-old woman — were wounded in shootings across Chicago between Friday afternoon and early Sunday.

About midnight Saturday, Ronnie Montgomery, 24, was found on the sidewalk in the 1300 block of West Hastings, according to police and the Cook County medical examiner’s office. He had been shot in the chest and shoulder. Montgomery, of the 700 block of West Marquette, was pronounced dead at 1:20 a.m., according to the medical examiner’s office.

The 81-year-old great-grandmother, Iola Burress, was shot about 5 p.m. Friday, just minutes after viewing the body of her recently deceased daughter at a South Side funeral home. Iola Burress, 81, survived being shot four times, relatives told the Sun-Times. Her 34-year-old grandson, Sylvester Burress, was also shot in the drive-by attack in the Auburn Gresham neighborhood.

“It’s very hard right now because we’re trying to bury her daughter and assist her and then this happens today during the wake,” said Yolanda McBride, Burress’s granddaughter, on Friday. McBride’s mother, Laverne Burress, 60, is the daughter the 81-year-old was mourning. On Saturday, relatives said Iola Burress had to miss her daughter’s funeral.

Chicago Police said that Iola Burress and her grandson were standing outside in the 7800 block of South Carpenter when they were shot by someone who was in a passing white SUV.

The grandmother, who suffers from dementia, was shot in the right wrist and abdomen, while her grandson was shot in the hip, police said. They were both taken to Advocate Christ Medical Center in Oak Lawn. Both were released on Saturday, relatives told the Sun-Times.

The most recent nonfatal shooting happened Sunday afternoon in Englewood.

About 12:20 p.m., a 22-year-old man was outside in the 400 block of West 65th Place when someone walked up and shot him in the right arm, police said. He was taken to Stroger Hospital in good condition.

At least 36 other people have been shot across the city since 1:55 p.m. Friday.

Welcome to Chicago sign

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DCG

Same old thing in Chicago: 2 dead, 24 wounded in weekend shootings across city

chicago

MyFoxChicago: Two people were killed and at least 24 others wounded in shootings across the city between Friday night and Monday morning.

The most recent fatal shooting happened late Saturday in the Greater Grand Crossing neighborhood. Two 23-year-old men were standing in the 7400 block of South Cottage Grove at 11:55 p.m. when two males walked up and began shooting, police said.

One of the men–later identified as Theo Hike–was shot multiple times in the torso, head and neck, and died at Northwestern Memorial Hospital, according to police and the Cook County medical examiner’s office. Hike’s home was a block north in the 7300 block of South Cottage Grove. The other man was shot in the back and taken to Christ Medical Center in Oak Lawn in serious condition.

Saturday afternoon, another man was killed in a shooting in Englewood on the South Side. Marcus D. Franklin, 22, was on a sidewalk in the 7200 block of South Green at 12:55 p.m. when someone walked up and shot him repeatedly in the neck and chest, according to police and the medical examiner’s office. Franklin, of the 700 block of West 61st Street, was taken to Holy Cross Hospital, where he was pronounced dead at 1:22 p.m., authorities said.

The most recent nonfatal shooting happened early Monday during an attempted robbery near Jackson Park on the South Side. A 23-year-old man was walking in the 6700 block of South Jeffery about 3:45 a.m. when two males walked up, announced a robbery and shot him, police said. Preliminary information does not indicate anything was stolen. The victim walked into St. Bernard Hospital at 3:45 a.m. with a gunshot wound to his left leg, police said. He was listed in fair condition.

About 15 minutes earlier, three men were shot in the Auburn Gresham neighborhood on the South Side. About 3:30 a.m., the men were exiting a residence in the 7700 block of South Emerald when a dark-colored SUV drove by and someone inside fired several shots, police said.

A 21-year-old man was shot in the chest and a 28-year-old man was shot in the foot, police said. They were taken to Advocate Christ Medical Center in Oak Lawn, where both of their conditions were stabilized.

A 24-year-old man initially sped away from the scene in his vehicle, but was later stopped for speeding by Dolton police, authorities said. He then revealed he had been shot in the right wrist, and was taken in good condition to Christ Medical Center.

Saturday evening, two teenage boys were shot in a Back of the Yards neighborhood park. The boys, 15 and 16, were standing near the basketball court about 5:50 p.m. at Micek Park at 5311 S. Hamilton, when a gunman got out of a gray car and started firing, police said.

The younger boy was shot in the right buttocks and the older in the left elbow. The boys–who both have documented gang ties–were taken to Stroger Hospital, where their conditions stabilized, police said.

At least 18 other people were wounded in shootings across the city since 9 p.m. Friday.

See also:

 

DCG