comment on the duty of a soldier, as it relates to New's case
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--[[User:BenjaminS|BenjaminS]] 21:11, 15 January 2007 (EST)
--[[User:BenjaminS|BenjaminS]] 21:11, 15 January 2007 (EST)
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"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; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
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Above is the oath that Michael New and all military personnel take when enlisting in the United States Armed Forces. It is innaccurate to say that a soldier is bound to obey any and every order given by a superior- note that allegiance to the Constitution precedes obedience to superior officers, and even such obedience is subject to the Uniform Code of Military Justice. For example, if a president attempted to use his power as Commander-in-Chief to usurp the power of the legislative and judiciary branches in a military coup, it would be the duty of a soldier to resist the orders of the President in order to defend the Constitution.
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With that said, I do not belive that Michael New had the right to disobey orders in this case. Article VI of the United States Constitution states, "All Treaties made, or which shall be made, under the Authority of the United States, Shall be the supreme Law of the Land;" New's unit was detached to a UN peacekeeping force pursuant to a treaty made under the authority of the United states. As Tim pointed out, His situation was essentially simailar to that of other American soldiers acting in multilateral coalitions, as in World War's I and II, the Korean War, the Vietnam War, the Persian Gulf War and the current war in Iraq. A UN beret was simply an identifier to facilitate cooperation among the troops of different nationalities in a diverse peacekeeping force. By disobeying his orders, New was acting not only against his superior officers but against the United States Constitution.
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As a patriotic, conservative American, it is painful to argue in favor of the UN and against a brave and patriotic American soldier. As a matter of policy, I do not believe the USA should be affiliated with the UN. However, we must accept that in a free and representative government, not every decision will accord with our wishes. If we want our political opponents to respect the Constitution, we must respect it ourselves.