The Insurrection Act of 1807, codified in Title 10 of U.S. The Military Won’t Save Us – and You Shouldn’t Want Them To All Enemies, Foreign and Domestic”: An Open Letter to Gen. But considering that the “domestic enemy” clause was added in response to actual acts of treason-the literal waging of war against the United States by a seceding faction-it is the most obvious answer. The prohibition against treason in Article III, Section 3 long predates Congress’ addition of the phrase to the oath. Aside from the oath of office, the concept of “domestic enemy” does not appear in federal law. The short answer: not the Chairman of the Joint Chiefs of staff or any other member of the armed forces. Who decides who or what constitutes a domestic enemy? You have to stay loyal to the government that is based on the Constitution, and you can’t support a rebellion or overthrow of that government.” Wrote Kerr: “The oath is probably best understood” not as an invitation for millions of Americans to independently enforce their own view of the Constitution, rooting out domestic enemies as they see fit, but “in its historical context as a promise to oppose political reforms outside the Constitution. Most Constitutional scholars would side with Berkeley law professor Orin Kerr in reading the provision much more narrowly. For example, an Air Force colonel argued in 2013 that “perpetrators of sexual assault and harassment” within the military were domestic enemies because they “revolt against civil authority by committing criminal acts against other members of our service.” That is by no means the silliest example out there. One can find well-meaning people making the case that all manner of forces and any number of their fellow citizens constitute a domestic enemy to the Constitution. What is a domestic enemy? Nagl and Yingling begin their plea by referring to the oath taken by all commissioned officers to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” When Congress added that phrase to the oath of office in 1861, they were responding to an ongoing rebellion by the Southern states. They raise some difficult questions and it is far better to come to a consensus on the answers now while they are theoretical rather than waiting for a fait accompli. While this was far from Nagl and Yingling’s best work, they have nonetheless done us a service in kicking off a tendentious debate. Kori Schake and Jim Golby, two of our leading experts on civil-military relations, ably explained why this is wrong on many levels. Learn more about each event from the JCCIC.įor more information on the history of presidential inaugurations, explore the inaugural materials from the collections of the Library of Congress.Retired soldiers John Nagl and Paul Yingling, who came to national prominence on opposite sides of the counterinsurgency debates, joined forces to argue that, if Donald Trump were to lose the election and yet refuse to leave office at noon next January 20, the Chairman of the Joint Chiefs must give the order to have him removed by military force. Inaugural events include the swearing-in ceremony, the inaugural address, and the pass in review. The inauguration is planned by the Joint Congressional Committee on Inaugural Ceremonies (JCCIC). "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." What events take place on Inauguration Day? "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 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."Īround noon, the president-elect recites the following oath, in accordance with Article II, Section I of the U.S. The vice-president-elect is sworn in first, and repeats the same oath of office, in use since 1884, as senators, representatives, and other federal employees: The next presidential inauguration is scheduled to be on January 20, 2025. The inauguration ceremony takes place at the U.S. Inauguration Day occurs every four years on January 20 (or January 21 if January 20 falls on a Sunday).
0 kommentar(er)
