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The military also has the authority to pull the POTUS out of office and put the country under military leadership until a new President is put in place. They absolutely have that authority.
That part in the oath that ALL military members take. You know, the part where it says that they will protect the Constitution from both enemies oreign and domestic? Do you recall that part? That's what authorizes them to do that.
Ummm no. You are greatly misinterprating what that means (as someone who has taken that oath and still has it applying to him).
Now lets just say the President was a full blown traitor per say, Congress and civilian enforcement (now known as the FBI) would handle that as it would be an impeachable event. It would not authorize the military to do anything UNLESS the act involved foreigners attacking, but then again the military would concentrate on the external threat...
Dang just coming up with that story makes me think I'm on something...
I guess you people don't realize that the military must question ALL orders and make a decision on it's lawfulness. If they are asked to cross the line, they are expected to disobey. It is their duty to do so. They take an oath to protect the Constitution from enemies both foreign and domestic. That is their number 1 duty.
The military is under civilian control. They can choose to disobey an order. At that time the officers refusing to disobey this order should be court marshaled. At that time the constitutionality can be resolved.
Again any officer has the right to refuse an order. But most officers KNOW a court marshal effectively ends any further chance of career advancement.
How many officers are willing to take that chance?
The military also has the authority to pull the POTUS out of office and put the country under military leadership until a new President is put in place. They absolutely have that authority.
Now you have truly crossed into the absurd. The Constitution of the United States is the basis of ALL LAWS in this country. The Constitution confers NO SUCH rights or privileges for the United States military to become involved in the civilian political process.
What exactly does that oath that ALL military personnel take mean? What does this mean?
In the scenario you're outlining, not a lot. You can't defend the Constitution by circumventing it.
Anyway, it's your statement, you do the reasoning. Cite constitutional support or case law - hell, some sort of commentary from a constitutional framer - that mentions a military coup and military rule as a legal action under the Constitution.
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Is it?? I believe they do have the authority to do it.
Really if the POTUS wanted the big button pressed without Congress. Would they or pull his sorry ass out of the WH.
I guess research is needed on this.
Different scenario. Refusing an order does not constitute "pull the POTUS out of office and put the country under military leadership until a new President is put in place". That's the absurdity under discussion.
There's a huge difference between refusing to carry out an order and usurping the authority to give orders.
"Sir, protocol requires Congressional consent to carry out that order" is not "pulling the POTUS out of office".
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