https://www.lewrockwell.com/2025/12/no_author/the-constitution-vs-the-commander-in-chief-the-duty-to-disobey-unlawful-orders/

The Constitution vs. the Commander-in-Chief: The Duty To Disobey Unlawful Orders

By John & Nisha Whitehead

“The United States boldly broke with the ancient military custom of swearing loyalty to a leader. Article VI required that American Officers thereafter swear loyalty to our basic law, the Constitution… Our American Code of Military Obedience requires that, should orders and the law ever conflict, our officers must obey the law… This nation must have military leaders of principle and integrity so strong that their oaths to support and defend the Constitution will unfailingly govern their actions.”—“Loyalty to the Constitution” plaque located on the grounds of the United States Military Academy

Every military servicemember’s oath is a pledge to defend the Constitution against all enemies, foreign and domestic.

It is not an oath to a politician. It is not an oath to a party. And it is not an oath to the police state.

Yet what happens when those same men and women are being told—by their own government—that obedience to power and loyalty to a political leader come before allegiance to the Constitution they swore to uphold?

That question isn’t hypothetical.

It is the moral line now being tested in real time, and it goes to the heart of what kind of country we are: do we live in a constitutional republic governed by the rule of law, or in a militarized police state where “legality” is whatever the person with the most power and the biggest army say it is? ......