Re: Uh....
Radikal wrote:Thanks for splainin' but that didn't answer my question.
I do know that in the military a soldier can and should reject an unlawful order. Does it not follow that the top Generals are bound not to execute an unlawful order from their superiors, as well?
Yes Radikal they would be bound to refuse any order that violated civilian or military law or in any way violated the Constitution.
Thus if an order came from their superiors that could be considered unlawful, it would be the generals duty to refuse such an order, tender his resignation if the command authority insisted, and then inform the appropriate judicial authority of the violation of law... (J.A.G. Corps if it is a military individual that ordered the illegal activity or Congress if it is a member of the civilian authorities that ordered the illegal action)
The military takes it's mission as defenders of the Constitution VERY seriously.
Even if by some chance, a general could be found that would carry out an illegal order, there are dozens to hundreds of lesser officers that also have an obligation to stop any illegal action.
Let's take a look at a fictional division and it's commander:
Major General Oathbreaker commands the 13th Armored Division and is ordered to carry out an illegal order by the Secretary of the Army (Or any other civilian authority)
Maj Gen Oathbreaker, in order to have his division carry out an illegal order would require him to violate
his oath....
If by chance, the General agreed to carry out such an order (Through blackmail or mental illness, etc), it would also require him to find the following officers to
ALSO agree to violate
THEIR oaths before the Division rolled 1 foot outside their base:
His second in command (also a general)
Every officer in his headquarters staff
Every officer in his Judge Advocate General unit
3 to 4 brigade commanders (general to colonels)
20+ Battalion commanders (Lt.Colonels)
100's of Captains commanding the various companies of the division
100's of Lieutenants commanding platoons etc.
Each and every one of the above officers is
OBLIGATED to refuse to carry out an such an illegal order and to arrest any officer that gave such an order.
As you can see, the crazy general in the above example, would be swiftly arrested (Most likely by his second in command and the JAG officer)
This is how things work in the REAL military.
This is also why military officers and enlisted personnel are moved from unit to unit every few years (This prevents the men under any officer from developing too much loyalty to any one man)