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In a video posted on X Tuesday, Democratic lawmakers Sen. Elissa Slotkin, Sen. Mark Kelly, Rep. Jason Crow, Rep. Maggie Goodlander, Rep. Chris Deluzio and Rep. Chrissy Houlahan said the “threats to our Constitution” are coming “from right here at home,” and repeatedly urged the military and intelligence community to “refuse illegal orders.”

“No one has to carry out orders that violate the law, or our Constitution,” they said. “Know that we have your back… don’t give up the ship.”

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There is no single constitutional statement that says military members must disobey illegal orders; rather, this obligation stems from the military's own legal framework, the Uniform Code of Military Justice (UCMJ), and service members' oaths to the Constitution. This means they must obey lawful orders but must refuse those that are "manifestly unlawful," or obviously wrong. For example, an order to fire on civilians would be illegal, but other questionable orders may require guidance from a military attorney.

  • The Uniform Code of Military Justice (UCMJ): This code, passed by Congress, provides the legal framework for military members and includes the obligation to disobey unlawful orders.
  • The oath to the Constitution: Service members take an oath to support and defend the Constitution. Disobeying an order that violates the Constitution or its laws is consistent with this oath.
  • "Manifestly unlawful" orders: The obligation to refuse an order is not for orders with questionable legality, but for those that are "manifestly" or "patently" unlawful—orders that any reasonable person would recognize as wrong.
  • Risks of disobedience: Refusing any order, even an illegal one, carries risks, and military members may face consequences like demotion or jail time, especially if the order's legality is not clear-cut.

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