LETTER TO THE EDITOR
As a retired Senior Non-Commissioned Officer of the United States Air Force, I write from the heart to affirm a truth that every man and woman in uniform must hold close: our allegiance is first and foremost to the Constitution of the United States. Period. NOT to any individual commander, NOT to any single mission, and NOT to a blind chain of command. The very oath we take binds us to this higher duty: “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. So help me God.” (Title 10, U.S. Code; Act of 5 May 1960 … amendment effective 5 October 1962.) (US Army Oath of Enlistment) When I repeated those words as a young airman, and when I heard them again as a seasoned senior NCO, I understood that “true faith and allegiance” did not mean “unthinking obedience.” It meant the kind of allegiance that demands moral courage when required: knowing when obedience becomes betrayal.
The law backs this up. Under the Uniform Code of Military Justice (UCMJ), Article 92 makes clear that a service member who “violates or fails to obey any lawful general order or regulation” can be punished. (Cornell Law School) Because the UCMJ explicitly speaks of lawful orders, it implicitly acknowledges that unlawful orders carry no binding force. The doctrine of unlawful orders (the duty to refuse them) has been reinforced by legal commentary and the Manual for Courts-Martial, noting that the inference of lawfulness “does not apply to a patently illegal order, such as one that directs the commission of a crime.” (Matt Barry Law) (UCMJ) This reality places a heavy burden on every Soldier, Sailor, Airman, Marine, Guardian, and Coastguardsman. We do not have the luxury of retreating into naivete or shrugging responsibility up the chain of command. The duty to question, to recognize illegality, and, if necessary, to refuse orders means carrying the weight of conscience alongside legal obligation. It requires judgment under pressure, the courage to stand alone if necessary, and the willingness to risk one’s career, freedom, or reputation to uphold the rule of law. That burden is not abstract; it is the cost of service in a system that entrusts lethal force to citizens under arms rather than to unquestioning instruments of power.
In recent days, several Members of Congress have stepped forward, reminding the uniformed services that this is no academic matter. They have spoken out directly to service members, urging you to remember your constitutional duty to refuse unlawful orders, particularly as our nation contemplates military actions around Venezuela. This is not about politics. It is about principle.
One cannot serve both the Constitution and an unlawful directive that strips away the rights of citizens, bypasses Congress, or violates international law. We live in a world of complex operations, unclear rules of engagement, and ambiguous missions. That ambiguity demands heightened vigilance. Our duty is not reduced because the mission is difficult or the commander persuasive If an order places one in violation of the Constitution, domestic law, or the laws of war, then that order is unlawful. The duty to obey ends there. To those currently serving, I say: you are not just part of a chain of command: you are guardians of a system of government under law. If an order ever crosses into illegality, you must refuse. Not reluctantly, but deliberately, clearly, aligned with your conscience and your oath.
To the Members of Congress who reminded you of this duty: thank you. It takes courage to speak truth to those who wield command authority and to insist that power be tethered to law. Your message affirms that the service member’s first duty remains to the Constitution. I stand with you.
And to my former brothers and sisters in service: hold fast. Honor your oath. Sustain the discipline, the readiness, the esprit de corps that defines our profession but never at the expense of the Constitution you swore to defend. When the stakes are highest, your moral and legal obligation is as clear as the day you raised your hand in oath: obey only lawful orders and refuse the rest.
To those still wearing the uniform: I trust you to do the right thing when it counts.
Ronald Stockdreher San Marcos
