Illegal Orders

August 19th, 2025

I recently read an article in Military.com titled “4 Out of 5 US Troops Surveyed Understand the Duty to Disobey Illegal Orders”. In the essay, the authors state,

“Our poll, fielded between June 13 and June 30, 2025, shows that service members understand these rules. Of the 818 active-duty troops we surveyed, just 9% stated that they would ‘obey any order.’ Only 9% ‘didn’t know,’ and only 2% had ‘no comment.’ “

I have to mention here that the article and possibly the poll itself have a partisan slant. The authors are not fans of Donald Trump. Even so, the essay and the results of the poll are interesting to me.

I would have preferred to read that 100% of active-duty troops understand how to recognize an illegal order and know when to disobey such an order. However, 80% sounds realistic. Actually, I find that number to be encouraging.

I entered West Point as a new cadet in July of 1976. That was a long time ago. I don’t remember much of my first day at USMA. Most of it is a blur. However, I can distinctly remember when I stood on the Plain to take the oath to defend the U.S. Constitution. Did I really understand at that time what I was promising to do? No, but I figured it out as time went on and I realize how life-changing that oath really was and still is.

I suspect that most veterans can remember when they officially became service members. It’s hard to overstate how important that moment was. The oath that we took stands in stark contrast to the oath that German soldiers took in WWII. Those men (which probably including my father-in-law) swore allegiance to the person of Adolf Hitler. We did not swear allegiance to a president. We did not swear allegiance to a political party. We did not swear to protect a religion or a particular ethnic group. An American service member swears allegiance to the core document of our republic. In effect, we took an oath to defend a noble idea.

What does it mean to defend the Constitution? That’s where it gets hard. We don’t always get into situations where the line between right and wrong is crystal clear. Sometimes, we are forced to choose the lesser evil. Even in peacetime, a soldier may face an order that is illegal and/or immoral. My oldest son fought in Iraq, and he often found himself in extremely violent circumstances where the decisions had to made immediately without time for thoughtful consideration of the consequences. I am pretty sure that at those times he seldom thought about the Constitution. He thought about survival.

Can we expect service members to always fulfill their oaths? Probably not. However, it makes me hopeful knowing that the vast majority of them understand what they promised to do.