Domestic Challenges to the Oath of Office, James P Luke (9781025115917) — Readings Books

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Domestic Challenges to the Oath of Office
Paperback

Domestic Challenges to the Oath of Office

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Noting that the military oath of office requires defense of the Constitution against enemies foreign and domestic this paper examines the concept of a domestic enemy and assesses the implication of that domestic threat for the military officer called to the Constitution's defense. The author proposes that there are two legitimate challenges to the oath taken by the commissioned officer. The first arises from the proposition that constitutional law is secondary to natural law. Since the officer is morally obligated to support natural law over constitutional law and the two have historically conflicted, a clash with the officer's sworn oath is inevitable. The second challenge occurs when known constitutional issues remain unresolved; it may also be brought about simply by accepting the position of those who argue that the living nature of Constitution allows its re-interpretation in light of a changing culture. The resulting constitutional ambiguity has the potential to leave the officer without moorings on which to interpret his responsibilities under the oath.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.

This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.

As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

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Format
Paperback
Publisher
Hutson Street Press
Date
22 May 2025
Pages
28
ISBN
9781025115917

Noting that the military oath of office requires defense of the Constitution against enemies foreign and domestic this paper examines the concept of a domestic enemy and assesses the implication of that domestic threat for the military officer called to the Constitution's defense. The author proposes that there are two legitimate challenges to the oath taken by the commissioned officer. The first arises from the proposition that constitutional law is secondary to natural law. Since the officer is morally obligated to support natural law over constitutional law and the two have historically conflicted, a clash with the officer's sworn oath is inevitable. The second challenge occurs when known constitutional issues remain unresolved; it may also be brought about simply by accepting the position of those who argue that the living nature of Constitution allows its re-interpretation in light of a changing culture. The resulting constitutional ambiguity has the potential to leave the officer without moorings on which to interpret his responsibilities under the oath.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.

This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.

As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Read More
Format
Paperback
Publisher
Hutson Street Press
Date
22 May 2025
Pages
28
ISBN
9781025115917