For those that didn't know, I'm a former Navy officer.
While arguing with my brother about Bush, I reflected upon "supporting and defending the Constitution against all enemies foreign and domestic".
A military coup certainly isn't the solution to President Bush neglecting the checks and balances of the Constitution.
However, military officers do have a very specific obligation to "support and defend the Constituion against all enemies foreign and domestic".
Here's what I think would be allowed. A military officer can say that it appears the Commander-in-Chief may have violated the Constitution. Military officers can call for Congress and SCOTUS to make a determinataion.
I wrote a draft of what a sign-on letter for military officers might read like.
An Open Letter From Individual U.S. Military Officers
To:
Supreme Court of the United States
Congress
We, the undersigned, are officers who retain our commissions in some branch of the U.S. military. We take seriously our oath to support and defend the Constitution against all enemies, foreign and domestic.
It is conceivable that the greatest threat to the Constitution that governs our republic might not be from an external enemy, but from people inside the government who are violating the compact.
We are concerned that President George W. Bush, our Commander-in-Chief, may be violating the Constitution. Specifically, his assertion that he can authorize his subordinates to monitor electronic communications in a way authorized by neither Congress nor the courts would seem to invalidate checks on presidential power in the Constitution.
It is not our place to evaluate whether President Bush has exceeded his authority. However, the Constitution does provide ways to evaluate if the executive branch has exceeded its authority. As we understand the Constitution, there are ways both the Supreme Court and Congress could evaluate whether President Bush is taking power not authorized by the Constitution.
We are troubled that neither the Supreme Court nor Congress is formally wrestling with the issue of whether President Bush exceeded his authority. If the issue is not being addressed through the Constitutional processes, we are deeply concerned about the health of Constitution.
Congress or the Supreme Court should formally evaluate whether President Bush has exceeded his authority. We ask these venerable institutions to perform their Constitutional duties. We feel we must make this request explicitly and vocally to fulfill our oath to support and defend the Constitution.
I request help from the people with sharp legal minds. Is the logic solid in the letter? Is there a SCOTUS avenue for determining if Bush stepped over the line?
From my brothers and sisters that served (or are serving in the military) how does the letter read to you? Is it consistent with good order and discipline?