Military chiefs rightly affirm Constitution’s supremacy

In a message to all U.S. military personnel, the nation’s highest-ranking military officers have rightly affirmed the armed forces’ absolute commitment to the Constitution.

In a statement signed by Chairman of the Joint Chiefs of Staff General Mark Milley and the uniform service chiefs, military leaders made clear that the tradition of an “almost 250 years” commitment to the Constitution will hold. “As we have done throughout our history,” the Joint Chiefs said, “the U.S. military will obey lawful orders from civilian leadership … and remain fully committed to protecting and defending the Constitution of the United States against all enemies, foreign and domestic.”

Leaving no doubt as to their motive for this message, the generals and one admiral note that they had “witnessed actions inside the Capitol building that were inconsistent with the rule of law … As service members, we must embody the values and ideals of the Nation [emphasis on patriotic duty by the capitalization of “Nation”]. Any act to disrupt the Constitutional process is not only against our traditions, values, and oath; it is against the law.” On Jan. 20, they continued, “President-elect Biden will be inaugurated and will become our 46th Commander in Chief.”

To be clear, this is an extraordinary letter making explicit what Americans have long taken for granted. Namely, that the military is subservient to the constitutionally vested will of the people and the enduring democratic rule of law. It matters. The endurance of the principle that those with the votes command those with the guns is unique to human history and a source of inspiration for much of the world. Moreover, it is an existential weaving to the fabric of the U.S.

Was the letter necessary?

While the overwhelming majority of U.S. military personnel remain absolutely loyal in their service, the Joint Chiefs cannot ignore the support of some military personnel, including officers, for last week’s riots at the Capitol. Those officers are now rightly facing court-martial, having failed in their duty of command. But the military leadership’s broader point is clear. As with his June statement of regret over attending President Trump’s walk to St. John’s Church, Milley wants there to be no doubt as to the military’s constitutional imperative. Every airman, sailor, Marine, and soldier serves the people, the Constitution, and the president only through those two lines of authority. Not the other way around. Ultimately, it is shameful but irrelevant that the nation’s elected representatives sometimes fail the military. The people are responsible for holding them to account. Milley recognizes that what really matters, here, is that the military never fails the people.

The military faces a difficult moment. It is caught between toxic partisanship at home and a world of rising security challenges. But as this statement makes clear, the people should have trust and confidence in those sworn to serve us. As they ultimately never have before, they will not fail us now.

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