3. The federal government
As our Founding Fathers understood so well, the primary threat to our freedom lies with our own government. Thatâs in fact why we have the Constitution and the Bill of Rights â to protect us and our freedoms from federal officials. If the federal government did not constitute such an enormous threat to our freedoms, there would be no reason to have the Constitution and the Bill of Rights.
Yet, what is the primary means by which a government takes away the freedoms of its citizenry? Our American ancestors gave us the answer: its military forces. That is in fact why many of our Founding Fathers opposed a standing, professional military force in America â they knew not only that such a force would be used to involve the nation in costly, senseless, and destructive wars abroad but also that government officials would inevitably use the troops to ensure a compliant and obedient citizenry at home.
Consider the words of James Madison:
A standing military force, with an overgrown Executive will not long be safe companions to liberty. The means of defense against foreign danger have been always the instruments of tyranny at home. Among the Romans it was a standing maxim to excite a war, whenever a revolt was apprehended. Throughout all Europe, the armies kept up under the pretext of defending, have enslaved the people.
Hereâs how Patrick Henry put it:
A standing army we shall have, also, to execute the execrable commands of tyranny; and how are you to punish them? Will you order them to be punished? Who shall obey these orders? Will your mace-bearer be a match for a disciplined regiment?
Would U.S. troops obey presidential orders to deploy against the American people and take away our freedoms?
There is no doubt about it. Of course they would, especially if the president told them that our âfreedom and national securityâ depended on it, which he would.
As I suggested in my article, âThe Troops Donât Support the Constitution,â in the United States the loyalty of the troops is to the president as their supreme commander of chief, not to the Constitution. Recent evidence of this point, as I observed in my article, was the willingness of the troops to obey presidential orders to deploy to Iraq despite the fact that the president had failed to secure the constitutionally required congressional declaration of war.
What if the president ordered the troops to deploy across the United States and to round up âterroristsâ and incarcerate them in military camps, both here and in Cuba? Again, there can be no doubt that most of the troops would willingly obey the presidentâs orders, especially in the middle of a âcrisisâ or âemergencyâ because they view themselves as professional soldiers whose job is to serve the president and not to question why but simply to do or die.
Another good example of the allegiance that the troops have toward the president involves the case of U.S. citizen Jose Padilla. Labeling Padilla a âterrorist,â the president ordered the troops to take him into military custody, deny him access to an attorney, and punish him without a trial and due process of law. The troops obeyed without question. Do you know any troops who have publicly protested the Padilla incarceration or who have resigned from the army in protest? How many have publicly announced, âI refuse to participate in the Padilla incarceration because I took an oath to support and defend the Constitutionâ?
Indeed, how many of the troops resigned in protest at the presidentâs orders to set up a prisoner camp at Guantanamo Bay, Cuba, knowing that the reason he and the Pentagon chose Cuba, rather than the United States, was precisely to avoid the constraints of the Constitution?
If the troops didnât protest with respect to Iraq or Padilla or Gitmo, what is the likelihood they would protest when their commander in chief ordered them to arrest 100 other Americans âterrorists,â or 1,000?
I repeat: The troops, from the Pentagon on down, would not disobey orders of the president to disarm and arrest American âterrorists,â especially in the midst of a âcrisisâ or âemergency.â
And even if some were to protest, they would be quickly shunted aside (probably punished as well) and replaced with those troops whose allegiance and loyalty to the president would be unquestioned.
Now itâs true that soldiers are supposed to disobey unlawful orders, but as a practical matter most of the troops are not going to overrule the judgment of their commander in chief as to what is legal or not. After all, how many troops involved in the torture and sex-abuse scandal refused to participate in the wrongdoing, especially since they thought that it was approved by the higher-ups? Again, how many refused orders to deploy to Iraq despite the fact that there was no constitutionally required congressional declaration of war?
Imagine that the president issues the following grave announcement on national television during prime time: âOur nation has come under another terrorist attack. Our freedoms and our national security are at stake. I have issued orders to the Joint Chiefs of Staff to immediately take into custody some 1,000 American terrorists who have been identified by the FBI as having conspired to commit this dastardly attack or who have given aid and comfort to the enemy. I have also ordered the JCS to take all necessary steps to temporarily confiscate weapons in the areas where these terrorists are believed to be hiding. These weapons will be returned to the owners once the terrorist threat has subsided. I am calling on all Americans to support the troops in these endeavors, just as you are supporting them in their fight against terrorism in Iraq. We will survive. We will prevail. God bless America.â
Now ask yourself: How many of the troops would disobey the orders of the president given those circumstances, especially if panicked and terrified Americans and the mainstream press were endorsing his martial-law orders?
The answer: Almost none would disobey. They would not consider it their job to determine the constitutionality of the presidentâs orders. They would leave that for the courts to decide. Their professional allegiance and loyalty to their supreme commander in chief would trump all other considerations, including their oath to âsupport and defend the Constitution.â
Therefore, if the federal government is the primary threat to our freedom, then so are the troops: their unswerving loyalty to their commander in chief makes them the primary instrument by which the federal government is able to destroy or infringe the rights and freedoms of the citizenry.
As our Founding Fathers understood so well, the primary threat to our freedom lies with our own government. Thatâs in fact why we have the Constitution and the Bill of Rights â to protect us and our freedoms from federal officials. If the federal government did not constitute such an enormous threat to our freedoms, there would be no reason to have the Constitution and the Bill of Rights.
Yet, what is the primary means by which a government takes away the freedoms of its citizenry? Our American ancestors gave us the answer: its military forces. That is in fact why many of our Founding Fathers opposed a standing, professional military force in America â they knew not only that such a force would be used to involve the nation in costly, senseless, and destructive wars abroad but also that government officials would inevitably use the troops to ensure a compliant and obedient citizenry at home.
Consider the words of James Madison:
A standing military force, with an overgrown Executive will not long be safe companions to liberty. The means of defense against foreign danger have been always the instruments of tyranny at home. Among the Romans it was a standing maxim to excite a war, whenever a revolt was apprehended. Throughout all Europe, the armies kept up under the pretext of defending, have enslaved the people.
Hereâs how Patrick Henry put it:
A standing army we shall have, also, to execute the execrable commands of tyranny; and how are you to punish them? Will you order them to be punished? Who shall obey these orders? Will your mace-bearer be a match for a disciplined regiment?
Would U.S. troops obey presidential orders to deploy against the American people and take away our freedoms?
There is no doubt about it. Of course they would, especially if the president told them that our âfreedom and national securityâ depended on it, which he would.
As I suggested in my article, âThe Troops Donât Support the Constitution,â in the United States the loyalty of the troops is to the president as their supreme commander of chief, not to the Constitution. Recent evidence of this point, as I observed in my article, was the willingness of the troops to obey presidential orders to deploy to Iraq despite the fact that the president had failed to secure the constitutionally required congressional declaration of war.
What if the president ordered the troops to deploy across the United States and to round up âterroristsâ and incarcerate them in military camps, both here and in Cuba? Again, there can be no doubt that most of the troops would willingly obey the presidentâs orders, especially in the middle of a âcrisisâ or âemergencyâ because they view themselves as professional soldiers whose job is to serve the president and not to question why but simply to do or die.
Another good example of the allegiance that the troops have toward the president involves the case of U.S. citizen Jose Padilla. Labeling Padilla a âterrorist,â the president ordered the troops to take him into military custody, deny him access to an attorney, and punish him without a trial and due process of law. The troops obeyed without question. Do you know any troops who have publicly protested the Padilla incarceration or who have resigned from the army in protest? How many have publicly announced, âI refuse to participate in the Padilla incarceration because I took an oath to support and defend the Constitutionâ?
Indeed, how many of the troops resigned in protest at the presidentâs orders to set up a prisoner camp at Guantanamo Bay, Cuba, knowing that the reason he and the Pentagon chose Cuba, rather than the United States, was precisely to avoid the constraints of the Constitution?
If the troops didnât protest with respect to Iraq or Padilla or Gitmo, what is the likelihood they would protest when their commander in chief ordered them to arrest 100 other Americans âterrorists,â or 1,000?
I repeat: The troops, from the Pentagon on down, would not disobey orders of the president to disarm and arrest American âterrorists,â especially in the midst of a âcrisisâ or âemergency.â
And even if some were to protest, they would be quickly shunted aside (probably punished as well) and replaced with those troops whose allegiance and loyalty to the president would be unquestioned.
Now itâs true that soldiers are supposed to disobey unlawful orders, but as a practical matter most of the troops are not going to overrule the judgment of their commander in chief as to what is legal or not. After all, how many troops involved in the torture and sex-abuse scandal refused to participate in the wrongdoing, especially since they thought that it was approved by the higher-ups? Again, how many refused orders to deploy to Iraq despite the fact that there was no constitutionally required congressional declaration of war?
Imagine that the president issues the following grave announcement on national television during prime time: âOur nation has come under another terrorist attack. Our freedoms and our national security are at stake. I have issued orders to the Joint Chiefs of Staff to immediately take into custody some 1,000 American terrorists who have been identified by the FBI as having conspired to commit this dastardly attack or who have given aid and comfort to the enemy. I have also ordered the JCS to take all necessary steps to temporarily confiscate weapons in the areas where these terrorists are believed to be hiding. These weapons will be returned to the owners once the terrorist threat has subsided. I am calling on all Americans to support the troops in these endeavors, just as you are supporting them in their fight against terrorism in Iraq. We will survive. We will prevail. God bless America.â
Now ask yourself: How many of the troops would disobey the orders of the president given those circumstances, especially if panicked and terrified Americans and the mainstream press were endorsing his martial-law orders?
The answer: Almost none would disobey. They would not consider it their job to determine the constitutionality of the presidentâs orders. They would leave that for the courts to decide. Their professional allegiance and loyalty to their supreme commander in chief would trump all other considerations, including their oath to âsupport and defend the Constitution.â
Therefore, if the federal government is the primary threat to our freedom, then so are the troops: their unswerving loyalty to their commander in chief makes them the primary instrument by which the federal government is able to destroy or infringe the rights and freedoms of the citizenry.
