Invisibleflash
Diamond Member
And if not, what are the limits?
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Actually, part of the policy is that soldiers are not to follow illegal orders. Lincoln broke no laws because the Confederacy was another country that declared war on America.It's called sedition if you do not.
President is Commander in Chief.
Usually ends up with getting shot on site for disobeying lawfully given Presidential orders....which may seem illegal but aren't.
So....was Lincoln giving illegal orders when using the military against the Confederacy?
Absolutely. Absolutely broke the Posse Como Status Laws. Did anyone stop and say, "This is illegal, I can't do it"
Yep....and they joined the Confederacy unless they were shot first.
One of the first lessons at boot camp” do not follow illegal orders”
Unless an order is so egregious that it can be easily understood to be illegal, you obey. A good example of an illegal order: During the Vietnam war, a unit under 1st Lt. William Calley Jr. gathered villagers and began killing them. The personnel were sick of Viet Cong fighters coming from that area. The gunner manning the machine gun in the chopper, ordered the personnel to stop or he would shoot them. The case went to trial in the military and Calley was found guilty and sentenced to 22 years, but it kept being reduced and ended up only being 3 years of house arrest.
Not the only options. The first and best option is to contact a military lawyer and discuss your issues with Jag. The problem today is that many people make up their minds as to whether something is legal or illegal and find out later that they are wrong.The question of whether orders are "legal" or Constitutional can only be addressed after the fact. Other than in extraordinary circumstances, a soldier's obligation is to obey orders or immediately resign, and face the possibility of being charged with desertion.
The Posse Comitatus Act wasn’t passed yet during President Lincoln’s lifetime.It's called sedition if you do not.
President is Commander in Chief.
Usually ends up with getting shot on site for disobeying lawfully given Presidential orders....which may seem illegal but aren't.
So....was Lincoln giving illegal orders when using the military against the Confederacy?
Absolutely. Absolutely broke the Posse Como Status Laws. Did anyone stop and say, "This is illegal, I can't do it"
Yep....and they joined the Confederacy unless they were shot first.