Each officer and each enlisted member of the armed forces takes an oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” Many of them have given everything to fulfill that oath.
Our elected representatives in Congress, in both the Senate and the House, each take an oath with the same commitment to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” The manner in which they fulfill that oath may be different, but the duty to “bear true faith and allegiance” to the Constitution is the same.
The President takes a similar oath to “preserve, protect and defend the Constitution of the United States.” The words of the oath are not identical, but at the core of the oath is an obligation of full allegiance to the Constitution of the United States of America.
Enlisted Members and Officers – Differences in the Oath
The oath taken by military officers, senators, and representatives is identical, as set forth in Title 5 Section 3331 of the United States Code. Enlisted members of the armed forces take an oath that contains certain additional and different provisions.
Enlisted members of the armed forces are required to take an oath under Title 10 Section 502 of the United States Code. This oath contains certain provisions that are identical to the oath taken by officers, senators, and representatives: to “support and defend the Constitution of the United States against all enemies, foreign and domestic;” and to “bear true faith and allegiance” to the Constitution.
The oath taken by enlisted members contains additional obligations to “obey the orders of the President of the United States and the orders of the officers appointed over me, according to the regulations and the Uniform Code of Military Justice.”
Only enlisted members of the military take an oath to “obey the orders of the President of the United States.” Neither officers, senators, nor representatives take an oath to obey the President. Their oaths instead require them to “bear true faith and allegiance” only to the Constitution.
Although enlisted members of the military promise to obey orders of the President and orders of the officers over them, the oath is conditioned on the premise that those orders will be made “according to the regulations and the Uniform Code of Military Justice.” In other words, enlisted members of the military have a duty to obey legal orders from the President or other military officers. Their primary duty of allegiance, however, is still to the Constitution of the United States.
References:
- Article I, United States Constitution
- Article II, United States Constitution
- Title 5 Section 3331, United States Code
- Title 10 Section 502, United States Code