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Can you handle the truth?? Constitutional Ethics

Can you handle the truth?? Constitutional Ethics. Objectives & Plan of Attack. Background (Cook) Moral Foundations of Military Service Oath and Commission Your Constitutional Commitment Constitutional Constraints Resolving Conflicting Loyalties Constitutional Paradigm.

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Can you handle the truth?? Constitutional Ethics

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  1. Can you handle the truth??Constitutional Ethics

  2. Objectives & Plan of Attack • Background (Cook) • Moral Foundations of Military Service • Oath and Commission • Your Constitutional Commitment • Constitutional Constraints • Resolving Conflicting Loyalties • Constitutional Paradigm • Contemplate our moral obligations to the government and inherent tension caused by this obligation • Discuss meaning of a Commission and what it means to accept an Appointment as an Officer • Identify Constitutional constraints on the military • Discuss the need and means to resolve conflicts between moral and Constitutional obligation • Know and apply 4 principles of Constitutional Paradigm • Know and apply 4 pre-requisites to Principle IV of Constitutional Paradigm

  3. Can military personnel have an acute conflict between their conscience and superior orders? WHY?? Can you disobey a legal order from your superior? Are there appropriate and inappropriate procedures for disobedience within the military context? Leadership and EthicsConstitutional Ethics

  4. I. The Moral Foundationsof Military Service (Cook) • Ancient & medieval “Code of the Warrior” stressed universal moral values • Peace of Westphalia (1648) – “state sovereignty” (ie. Kuwait) • Why should military personnel value states? • States (“As it is“ Admiral Stockdale) • Non States • Tribes • Why should you kill in pursuit of their political interests? • National Political Sovereignty • Territorial Integrity • National Interests • Nationalism vs. Religion • New dilemma: the unintelligibility of universal, humanitarian concerns within the framework of national interest

  5. Why will you take the oath? • To serve the state? Defense of the country? • Is this a “morally legitimate” reason? • To fulfill the “code of the warrior?” A higher moral calling? • Is this practical in today’s world? • Military Officers – “morally equal members of the profession of arms” Has globalization and the “Flat World” changed our perspective on national interests? Has 9/11 changed our perspective of what constitutes defense?

  6. So…What’s the bottom line? • Are we held to a higher standard? • Is this right? • Should we “reflect” the society from which we come (gap between civilian / military)? • large standing army – “engines of despotism” • Does that mean it’s okay to accept lesser ethical standards? We must lead ethically/morally IOT earn our nation’s SPECIAL TRUST & CONFIDENCE

  7. II. The Oath of Obedience: “Constitutional Ethics” Military ProfessionalsDO have a special relationship to the State: • As citizens, they owe the State allegiance • As employees, charged with defense of the State, they owe it obedience • As volunteers, they give their knowing consent in advance to these strict terms (the “unlimited liability clause”) • allegiance • Main Entry: • al·le·giance • Pronunciation: • \ə-ˈlē-jən(t)s\ • Function: • noun • 1 a: the obligation of a feudal vassal to his liege lord • b (1): the fidelity owed by a subject or citizen to a sovereign or government • (2): the obligation of an alien to the government under which the alien resides • 2: devotion or loyalty to a person, group, or cause • synonyms see fidelity

  8. The Oath of Obedience In the USA, this oath of obedience is NOT to King or Country, but to an Idea, expressed in the principles enshrined in a document: The Constitution • provides specifically for civilian control of the military • “civilian control” is part of the general system of checks & balances on power • thus, disobedience or disregard of this chain of command represents a serious threat to democracy

  9. Officer Oath of Office I do solemnly swear that I will support and defend the Constitution of the United States against all enemies foreign and domestic, That I will bear true faith and allegiance to the same, That I take this obligation freely, without any mental reservation or purpose of evasion, And that I will well and faithfully discharge theduties of the office on which I am about to enter, So help me God. How do you define the boundaries of those duties?

  10. COMMISSIONING CERTIFICATE To all who shall see these presents, greetings: Know ye that, reposing special trust and confidence in the patriotism, valor, fidelity, and abilities of (the commissionee), I do appoint him or her an Ensign, United States Navy, or Second Lieutenant, United States Marine Corps, to rank as such from the 15th day of May, 2009.  This officer will therefore carefully and diligently discharge the duties of the office to which appointed by doing and performing all manner of things thereunto belonging.And I do strictly charge and require those officers and other personnel of lesser rank to render such obedience as is due an officer of this grade and position. And, this officer is to observe and follow such orders and directions, from time to time, as may be given by the President of the United States of America or other superior officers, acting in accordance with laws of the United States of America.This commission is to continue in force during the pleasure of the President of the United States of America, under the provisions of those public laws relating to officers of the Armed Forces of the United States and the component thereof in which the appointment is made.-By the President You ACCEPT your commission

  11. Some Select Quotes… “…These officers will therefore carefully and diligently discharge the duties of the office to which appointed by doing and performing all manner of things thereunto belonging.” “…These officers are to observe and follow such orders and directions from time to time as may be given by the President or other superior offices acting in accordance with the laws of the United states of America.” This commission is at the.. “…pleasure of the President under the provisions of those public laws relating to officers of the Armed Forces of the United States of America.” …Specific enough for you?

  12. I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God. I, _____ , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God. Comparison of Oaths Oath of EnlistmentOath of Office Why the difference?

  13. III. Constraints on Exercise of Military Force • Presidential • Congressional • Judicial • The “Supreme Law of the Land”

  14. 1. Presidential Constraints: Commander in Chief Constraints on Exercise of Military Force

  15. 2. Congressional Constraints Power of the Purse Power to make regulations Confirmation of Leadership Constraints on Exercise of Military ForceArt 1 Sec 8: “Congress shall have the power ... to make rules for the govt & regulations of the land & naval forces.” (Dec. 13, 2007) From left, Commandant of the Marine Corps Gen. James T. Conway, Chief of Naval Operations (CNO) Adm. Gary Roughead and Commandant of the Coast Guard Adm. Thad W. Allen appear before the House Armed Services Committee

  16. 3. Judicial Constraints Courts may intervene in military cases involving civilian institutions Constraints on Exercise of Military Force

  17. 4. The Supreme Law of the Land Constitution Conventional International law Customary International law Constraints on Exercise of Military Force

  18. IV. The “Constitutional Paradigm” and Resolution of Conflicting Loyalties • Provides a means to resolve conflicting loyalties • Generally demands obedience; • Does not encourage disobedience; • Explains, instead, the foundations and importance of obedience

  19. Your Personal Morals Your Official Obligation Real World What if…your personal morals are in conflict with your mission (official obligation)? Your Personal Morals Your Official Obligation Your Personal Morals Your Official Obligation Best Possible World Worst Possible World WHAT IS RIGHT? and HOW DO YOU DECIDE?

  20. What do you do if you personal morals are in conflict with your mission (official obligation)? The Constitutional Paradigm is one approach… • Priority of loyalties • If loyalties conflict, must resolve, then act • If conflicts cannot be resolved, then resign • (In rare case) If you must oppose authority, follow four pre-requisites Marine Corps Staff Sgt. Steve Reichert, a 25-year-old scout sniper with Headquarters Company, 2nd Battalion, 2nd Marine Regiment, was recently awarded the Bronze Star with a combat 'V' for valorous action in Iraq in April. Marine Corps photo

  21. Principle I:Hierarchy of Loyalties • Constitution • Mission • Service • Ship or Command • Shipmate • Self

  22. Anything Missing? • Where is Family? • How do they feel about being “superseded?” • Have you discussed it with your spouse? • Where is God? • How do you resolve conflicts with your faith?

  23. Principle II: Resolve before acting Resolve conflicting loyalties before acting upon differences in priorities i.e., Consult Chain of Command Nationalpress.org

  24. Principle III: Resolve, Remove or Resign Resolve yourself to Principles I or II, or consider: • Removing yourself from the situationor • Resigning Why do we even need such a principle?

  25. Principle IV: If the ethical issue at stake is too important & too immediate to allow resolution via Principles I,II or III, you can choose to disobey. Four prerequisites: • Fundamental violation of justice that is not trivial • Must first try to have order/law changed by normal procedures • The disobedience is done in public, with full awareness • You must be willing to accept the consequences

  26. Case: “Come Right!” • Situation • You are Officer of the Deck of a DDG • In formation with a CVN, 250 yards off the port Bow of the CVN • You are given a tactical signal to execute. Will require you to maneuver when signal is executed.(When a signal is executed, the CO always wants the OOD to “smartly” turn the rudder and come to new course) • The Signal in the air, “standby,” “execute” The tactical signal is executed

  27. The Case of “Come Right” • As soon as the signal is executed, the Capt orders you to: “Come Right!” • If you come right, you will certainly have a collision with the CVN • So…you say, “I can’t, Sir” • Within a few seconds he tells you again: “Come Right!” • You tell him again, “I can’t, Sir” • He takes two steps over to you, and yells…

  28. “Damn it, Come RIGHT!”

  29. Yikes! What DO you do? • You are in conflict with all levels of your Constitutional paradigm……about to kill your shipmates,…sink your ship,…embarrass our Navy,…and your mission is to come right

  30. The Case of “Come Right” • You may consider going to the 2nd, 3rd, 4th principle of the Constitutional Paradigm • Since you cannot resolve the conflict (a legal, but possibly immoral order), you may have to resign –your watch station “In the Pilot House, this is LTJG_____, the Captain has the Deck and the Conn”

  31. What about YOU? • Do you want your Sailors & Marines to follow your orders? • Do you want them to question you? • On what condition? • Is ordering Sailors or Marines to risk their life against the odds a legal order? • Unmasking exercise – legal order?

  32. To what degree can an officer diverge from moral standards in her or his personal life without compromising her or his military integrity? Not at all? Somewhat? Quite a bit? Leadership and EthicsConstitutional Ethics

  33. The Leadership “Takeaway” Ethical, Legal & Moral alignment is CRITICAL!!! Moral Sphere of your people Legal/Constitutional The Orders you issue

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