Tag Archives: Commander in Chief

Lakin court martial, Commander in Chief, Chain of command, Citizen Wells open thread, September 5, 2010

Lakin court martial, Commander in Chief, Chain of command

“I, [name], 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; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter.
So help me God.”…US Military officer’s oath of office
Officers in the service of the United States are
bound by this oath to disobey any order that
violates the Constitution of the United States.

From Citizen Wells August 5, 2010.

As you read the following, be aware of another important point, there is no time restriction on the president being found to be ineligible.

“Notice the emphasis placed on eligibility in the presidential line of succession.
 US Code
TITLE 3 > CHAPTER 1 > § 19
§ 19. Vacancy in offices of both President and Vice President; officers eligible to act
(a)
(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President.
(2) The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection.
(b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President.
(c) An individual acting as President under subsection (a) or subsection (b) of this section shall continue to act until the expiration of the then current Presidential term, except that—
(1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and
(2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals.
(d)
(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs, Secretary of Homeland Security.
(2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service.
(3) The taking of the oath of office by an individual specified in the list in paragraph (1) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President.
(e) Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (d) of this section shall apply only to officers appointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation, removal from office, inability, or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them.
(f) During the period that any individual acts as President under this section, his compensation shall be at the rate then provided by law in the case of the President.”

Much has been said orders being tied to the Commander in Chief and the chain of command. Here is what a US Army soldier must understand about the chain of command.

From the US Army Study Guide.

Chain of Command List

Posted Monday, July 23, 2007

Commander-in-Chief  -President George W. Bush
Chairman Joint Chiefs of Staff  -General Peter Pace
Army Chief of Staff
 -General George W. Casey, Jr. 
Theater Commander  –
Corps Commander  –
Division Commander  –
Brigade Commander  –
Battalion Commander  –
Company/Troop Commander  –
Platoon Leader  –
Section/Squad/Team Leader

Read more:

http://www.armystudyguide.com/content/army_board_study_guide_topics/chain_of_command/chain-of-command-list.shtml

From Army Command Policy April 27, 2010
“1–5. Command
a. Privilege to command. Command is exercised by virtue of office and the special assignment of members of the
United States Armed Forces holding military grade who are eligible to exercise command. A commander is, therefore,
a commissioned or warrant officer who, by virtue of grade and assignment, exercises primary command authority over
a military organization or prescribed territorial area that under pertinent official directives is recognized as a “command.”
The privilege to command is not limited solely by branch of Service except as indicated in chapter 2. A
civilian, other than the President as Commander-in-Chief (or National Command Authority), may not exercise command.”

Read more:

http://www.army.mil/usapa/epubs/pdf/r600_20.pdf

Advertisement

Barack Obama, Commander in chief?, US Constitution, Oath of office, US Military, ZachJonesIsHome, Tortured Duty & Tortured Mission, Military service, Natural born citizen issue will not go away

“I, [name], 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; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to enter.
So help me God.”
US Military officer’s oath of office

 
Officers in the service of the United States are
bound by this oath to disobey any order that
violates the Constitution of the United States.

From the 20th Amendment to the US Constitution.

“or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until
a President shall have qualified;”

I never refer to Barack Obama as president. The 20th Amendment to the US Constitution reveals why.

Zach, the name I use for the owner of the Zach Jones Is Home blog, has been a patriot blogger for almost two years, in the struggle to expose the truth about Barack Obama and to save this country. I have had many phone and email discussions with Zach. He has been an invaluable contributor to this blog and to the combined efforts of citizen journalists. In the article below provided by Zach today, January 1, 2010, Zach writes of his and his family’s military service. I would like to thank Zach, his family and all of those who have served this country in the military. I would also like to thank Zach for his efforts to reveal the truth about Obama and to take back this country. 

From Zach Jones Is Home, January 1, 2010.

“American Soldiers – Tortured Duty & Tortured Mission – The Whys and Whats Becoming Harder to Answer?”

“Families that honor military service are spread all across this nation.  I grew up in one. Even as a teenager in the sixties, I remember knowing that freedom wasn’t free.  My father had served in Patton’s 3rd Army, fought in the Battle of the Bulge, and served as a guard at the Nuremberg War Trials. How could I not know the price of freedom? WWII, now that was a just war.  Everyone knew it.  Everyone knew the war had to be won at all costs because failure clearly meant tyranny and death for an entire people, the Jewish people. Everyone knew, even the media knew the Whys and Whats.  Why they were fighting? What they were fighting for? They knew the cost of winning and losing! And,  victory wasn’t a dirty word.

However, my brother and I served in the United States Navy during a time in America’s history dominated by numbing callousness, selfishness, and indifference.  The loss of the Vietnam War brought about by the media and endless protests of duplicitous, naïve dreamers and schemers; the festering pain of Watergate continuously exploited by politicians in D.C., the good but lackluster caretaker President Ford portrayed as a bumbling stumbling fool on Saturday Night Live, the My Lai massacre and Lt. Calley’s conviction not quite distant enough to avoid its stench, and a war/corruption weary people’s vote for change promised by Jimmy Carter all marked this period.  Amazingly, like today, Carter’s change didn’t live up to expectations. Instead it brought gas lines, high inflation, 20+ percent interest rates and high unemployment – despair.”

“It was a perfect storm that had brought us Carter Presidency.  And with it’s battered and bruised image, the United States military seemed to have a hell of time riding out that storm until President Reagan could put his hands to the reigns. Reagan’s zero-tolerance drug testing came along after I got out and things started turning around rather quickly according to my brother.  I believe the foundation that President Reagan built (or rebuilt) continues to serve soldiers today and will not be easily surrendered by the military leadership.”

“See no evil, hear no evil and speak no evil is not a command structure that serves the military or the individual soldier well.  Neither is going with the flow.

But it’s the military leadership, the career guys and gals, who have a shot at controlling or changing the flow. Yes, sometimes they fail, but it’s their job to address the issues. It’s especially egregious when they, like politicians, just won’t see or acknowledge that something is becoming a problem – when they don’t want to get ‘their’ hands dirty or risk jeopardizing ‘their’ career paths.  Two words – Ft. Hood.

And so I come to write this conflicted accolade to today’s American Soldier.”

“Soldiers serving in the first few years after 9/11 must have had an incredible sense of the Whys and Whats that carried them through each and every day.”

“Today, we have Obama in the Oval Office and a Democratic controlled Congress (dominated by the radical left since 2006) and they are galloping as fast as they can towards creating a socialist system that would make Vladimir Ilyich Lenin proud. If you look past the rhetoric you easily see that they are attempting to create larger and larger voting blocks that are wholly dependent on the federal government, hands out, afraid to question anything, afraid to vote for anyone calling for personal responsibility. Having a nation of sheeple, like birds at a bird feeder, is not good for the country or our future. Look at the recent action Obama took diminishing our American sovereignty on Dec. 17. Constitution be damned.  Does anyone really think the Second Amendment is safe?”

“I use the phrase “defending freedom overseas” instead of “around the world” because, as much as I love them, I’m not sure they are defending our freedoms at home.  I can’t really blame the enlisted soldier because when I was in the military, I didn’t have time to keep up with what politicians at home were attempting to do to us. I basically thought politicians were all self-serving pieces of crap and the voting process would weed them out.  Unfortunately, that’s not the case today. (The statement that politicians “were all self-serving pieces of crap” is still accurate, but the vote might not be able to undo the damage they are doing to our freedoms and the Constitution.)

And the military leadership continues to see no evil, hear no evil, speak no evil and ignore “the flow” that’s becoming more and more turbulent.

(And the American soldier is expected to accept “the flow” as he or she finds it?)”

“All of these illustrate situations where officers up the chain of command, including the “Commander In Chief”, appear ready to shirk their duty to the Constitution and America Soldiers under their command so they can protect their relatively trivial career ambitions and/or pursue their personal political agendas.

This is when it becomes hard to answer the Whats and Whys.  What does support and defend the Constitution mean?  Who are the enemies of the United States?  Why am I defending something that seems optional for my superior officers?   What is really important to the chain of command – advancement, career or the Oath? Who are the Oathkeepers? Why should I obey my superior officers when they choose to ignore parts of the Constitution? What’s the point? What am I doing that protects the Constitution and the Freedoms of my family and friends?”

“The duty – I think of this as the soldier doing his or her best to live up to the oath they took when they enlisted.  Basically the duty is to support, protect and defend the Constitution and the freedoms/protections flowing from it to each and every citizen.”

“The “natural born citizen” issue will not go away and I’m sure it’s on the minds of many in the military; it affects morale, re-enlistment decisions, and how many traditional military supporters view the institution.  It’s similar to how the epidemic of drug use in the 70’s military effected civilians & soldiers who knew about the problem and cared about what it said about the institution.”

“To the American Soldier – Thank you for your service and sacrifices for this country.

I am truly sorry to be in the position of having to speak so bluntly about an institution that I love.”

Read the rest of this great article from a friend, soldier and patriot:

http://zachjonesishome.wordpress.com/2010/01/01/american-soldiers-tortured-duty-tortured-mission-the-whys-and-whats-becoming-harder-to-answer-the-bopac-report/