I need some links with info concerning the Posse Comitatus Act & the military oath.

I got into a conversation with my future brither-in-law who is a Marine about GA's "Click or Ticket" campaign where the police set up road blocks to check and see if people are wearing their seat belts.

I informed him that even if people are wearing their seatbealts they are still required to show their drivers license and proof of insurance and that they were running K-9 through peoples cars searching for drugs and firearms.

He replied that that should be illegal. So I asked him if he was ever stationed at Twenty-Nine Palms. He hadn't. I asked if he had ever heard about the questionaire they had a bunch a Marines take out there. He hadn't. I told him about the one question on it; "If ordered to do so, would you confiscate firearms from American citizens?"

He said that if he was ordered to, he would. He's a Marine and Marines follow orders and don't ask questions.

"However, didn't you take an oath to defend the Constitution?"

"Yes, but an order is an order. It's up to my superiors whether or not it is an unlawful order."

It got real quite. I don't think we said another word to each other for over an hour.

I don't think I like this guy and I just did two days work for him for free tearing down and clearing out a burned out house on a peice of property my father-in-law is giving him to build a new house on. My father-in-law is going to have a fit when I tell him about this!

Anyway, I'll probably just let the matter drop, but should the subject ever come up again I won't to be able to hand him some info!

[b]"Yes, but an order is an order. It's up to my superiors whether or not it is an unlawful order."[/b]

Nope. I'm an E-8 (the ranks top out at E-9) - an officer can issue an illegal and there for unlawful order. It is the duty and responsibility of the enlisted man to refuse to follow the order. I have done this more than one time. I've informed the officer at the time that his order was in violation of regulations, produced the regulations when asked and advised the officer that I would like the order to violate regulations in writing please. Talking to their superior officer normally settles the issue if the guy continues to press.

Most of the officers have much less time in service and leading men then the senior enlisted. The men look to me for their orders, not the junior officer. One of my primary jobs it to train my officer about the service and how to lead men.

If given an order to go door-to-door taking firearms I might (as long as I got to keep them [:)]. Just kidding. No way in hell would I or anybody under my control do this.

We are sworn to support and defend the Constitution against all enemies both foreign and domestic and to follow the LAWFUL orders of those appointed above me.

Damn, Paul--
The more I read your posts the better I like you.  THANK YOU for your service!!  You are the kind of soldier we need.  You almost sound like the character played by Clint Eastwood in the movie "Heartbreak Ridge."  LOL  Again--thanks!   --Oh, and give 'em hell!

STLRN, thanks for the correction.

Gov't Thug, thanks for posting the oath.