Ah, the inevitability of some issues. They keep coming back over and over, no matter how stupid they are. For example: the circumstances of President Obama’s birth.
Fortunately, both stories that touch on the “birther” nonsense are ones I can read and enjoy with unmitigated satisfaction.
In Arizona, apparently the birther nuts have managed to win over some people in high office. The state’s House has passed a bill requiring that any candidate for president in the state present documentation to prove that they are Constitutionally eligible to hold the office.
Stripped of the whole “birther” baggage, the bill simply codifies something that has been presumed to be common sense, but has been challenged. If you wanna be president, you better be ready to demonstrate that you meet even the minimalist requirements spelled out by the Constitution. And while on the surface it gives the birthers a victory, it takes away their very reason for existence as of the next election cycle.
While my personal philosophy is “don’t cater to the crazies’ delusions,” in this case I find nothing objectionable about the solution — and, indeed, their “demand” here doesn’t really offend my sensibilities. Indeed, I think it’s entirely OK.
Meanwhile, there’s a birther who’s feeling exceptionally certain of his convictions. And those convictions might cost him his freedom.
Terry Lakin is utterly unconvinced that President Obama is not a “natural born” citizen, and as such has no authority to hold the office of President of the United States, let alone carry out the duties of said office. And under that theory, Lakin — that’s Lt. Colonel Terry Lakin, M.D., United States Army — is refusing to accept his orders as Commander In Chief sending Lakin to Afghanistan. He says his oath to obey the Constitution and refuse to obey illegal orders takes precedence.
I’ve said before that I’m neither a lawyer nor a veteran. Needless to say, I’m no expert in military law. But I’ve read a bit about military law, especially the “illegal orders” aspect, and from what I’ve read about the law, he’s utterly full of crap.
To my understanding, “illegal orders” fall into two categories. The first is “orders that are illegal on their face.” That would be an order that is, in and of itself, breaks the law. This is what most people think of when they hear the term “illegal orders” — stuff like “Private, go over there and kill all the prisoners” or some such. These were the kinds of orders that the Nazis were punished for obeying, and eternally tainted the “I was only following orders” rationale.
Then there’s the second class of illegal orders — orders issued by people not in the proper position to issue them. These are a bit trickier. These include situations where an inferior tries to give orders to a superior, where someone not in the chain of command attempts to issue orders, or where one individual attempts to countermand the orders of another without the authority to do so.
The proper response to these situations, as I’ve heard, is for the ordered individual to accept the order, but notify the proper authorities as to the conflict. The theory seems to be that the harm caused by obeying these orders is lesser than the harm caused by open insubordination.
Unless, of course, the subject of the order believes that the harm caused by obedience would be greater. In that case, though, he better be damned certain — or he’s going to get hammered down, and hammered down hard.
What Dr. Lakin is doing is making a principled stand on an issue he believes in so strongly, he’s staking his entire career on it. He’s running the risk of losing his commission, his freedom, and his future benefits. Hell, he could also be endangering his future livelihood — a court martial conviction carries the weight of a felony conviction, and that could mess up his getting a medical license. He could spend several years in Leavenworth, then get a dishonorable discharge as Private Lakin.
As well it should be.
There is nothing inherently illegal about the orders issued to Dr. Lakin. They were not issued directly by President Obama, but by Dr. Lakin’s chain of command. Further, as far as the military is concerned, the issue of Obama’s eligibility is a closed matter. Quite frankly, it’s not up to the president to prove to the military that he is qualified to be their Commander In Chief. We have civilian control of the military, and that means that the civilian governing structures decide who controls the military — not the military itself. And Obama was certified as the president by Congress, the Supreme Court, and the Electoral College when they confirmed him in office.
Perhaps after Dr. Lakin completes his obligation to the United States Army (possibly after spending a few years turning big rocks into small rocks), he can move to Arizona and take a job certifying candidates for president on their ballot. He’s already shown he has enough lack of judgment to serve as a doctor.
