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The Dangerous Appeal of Military Insubordination -- Lawfare
https://www.lawfaremedia.org/article/the-dangerous-appeal-of-military-insubordinationJason Smith
A rebuttal to Parsonss civil-military argument.
Parson's post: A Politically Neutral Military Is Not Always Obedient
In a recent Lawfare article, Graham Parsons argues that political neutrality in the U.S. military may sometimes require officers to resist even lawful orders from elected civilian authorities. He contends that obedience alone is insufficient in a democracythat military officers have a professional and ethical duty to protect civil society from elected leaders who might misuse the military for partisan ends.
While Parsons raises important concerns about the dangers of politicizing the armed forces, his proposed solution is both misguided and dangerous. It asks military officers to step into a constitutional void that neither their oath, their training, nor their institutional role equips them to fill. In attempting to safeguard democratic values, his approach risks undermining the very pillars that uphold them.
The U.S. Is Not Turkeyand Thats the Point
Parsonss theory flirts with a model more familiar to nations such as Turkey, where the military has long claimed a special role as the guardian of secular democracy. That tradition culminated in repeated coups and eventually enabled Recep Tayyip Erdoğan to consolidate power by purging the military of dissenters. This is not a model the U.S. should seek to emulate.
The genius of the U.S. system lies in its rejection of military guardianship. The Constitution vests command authority in the president, not to enable tyranny, but to ensure unity of command and civilian supremacyThe President shall be Commander in Chief of the Army and Navy of the United States (U.S. Constitution, Article II, Section 2, Clause 1). Allowing individual officers to second-guess whether a policy clearly threatens civil societyas Parsons puts itwhen the courts and Congress have not objected is an invitation to fragmentation, politicization, and possibly insubordination. This approach would erode the chain of command by substituting personal judgment for lawful authority, effectively empowering individual officers to act as unelected arbiters of constitutional order. Once this precedent is set, the military risks devolving into competing factions, each interpreting policy through its own political or ideological lensprecisely the scenario the framers sought to avoid. President Trumans dismissal of Gen. Douglas MacArthur in 1951 serves as a stark reminder: Even the most celebrated commanders must subordinate their views to civilian authority, lest the military begin to dictate policy rather than execute it.
The genius of the U.S. system lies in its rejection of military guardianship. The Constitution vests command authority in the president, not to enable tyranny, but to ensure unity of command and civilian supremacyThe President shall be Commander in Chief of the Army and Navy of the United States (U.S. Constitution, Article II, Section 2, Clause 1). Allowing individual officers to second-guess whether a policy clearly threatens civil societyas Parsons puts itwhen the courts and Congress have not objected is an invitation to fragmentation, politicization, and possibly insubordination. This approach would erode the chain of command by substituting personal judgment for lawful authority, effectively empowering individual officers to act as unelected arbiters of constitutional order. Once this precedent is set, the military risks devolving into competing factions, each interpreting policy through its own political or ideological lensprecisely the scenario the framers sought to avoid. President Trumans dismissal of Gen. Douglas MacArthur in 1951 serves as a stark reminder: Even the most celebrated commanders must subordinate their views to civilian authority, lest the military begin to dictate policy rather than execute it.
. . .
While Parsons raises important concerns about the dangers of politicizing the armed forces, his proposed solution is both misguided and dangerous. It asks military officers to step into a constitutional void that neither their oath, their training, nor their institutional role equips them to fill. In attempting to safeguard democratic values, his approach risks undermining the very pillars that uphold them.
The U.S. Is Not Turkeyand Thats the Point
Parsonss theory flirts with a model more familiar to nations such as Turkey, where the military has long claimed a special role as the guardian of secular democracy. That tradition culminated in repeated coups and eventually enabled Recep Tayyip Erdoğan to consolidate power by purging the military of dissenters. This is not a model the U.S. should seek to emulate.
The genius of the U.S. system lies in its rejection of military guardianship. The Constitution vests command authority in the president, not to enable tyranny, but to ensure unity of command and civilian supremacyThe President shall be Commander in Chief of the Army and Navy of the United States (U.S. Constitution, Article II, Section 2, Clause 1). Allowing individual officers to second-guess whether a policy clearly threatens civil societyas Parsons puts itwhen the courts and Congress have not objected is an invitation to fragmentation, politicization, and possibly insubordination. This approach would erode the chain of command by substituting personal judgment for lawful authority, effectively empowering individual officers to act as unelected arbiters of constitutional order. Once this precedent is set, the military risks devolving into competing factions, each interpreting policy through its own political or ideological lensprecisely the scenario the framers sought to avoid. President Trumans dismissal of Gen. Douglas MacArthur in 1951 serves as a stark reminder: Even the most celebrated commanders must subordinate their views to civilian authority, lest the military begin to dictate policy rather than execute it.
The genius of the U.S. system lies in its rejection of military guardianship. The Constitution vests command authority in the president, not to enable tyranny, but to ensure unity of command and civilian supremacyThe President shall be Commander in Chief of the Army and Navy of the United States (U.S. Constitution, Article II, Section 2, Clause 1). Allowing individual officers to second-guess whether a policy clearly threatens civil societyas Parsons puts itwhen the courts and Congress have not objected is an invitation to fragmentation, politicization, and possibly insubordination. This approach would erode the chain of command by substituting personal judgment for lawful authority, effectively empowering individual officers to act as unelected arbiters of constitutional order. Once this precedent is set, the military risks devolving into competing factions, each interpreting policy through its own political or ideological lensprecisely the scenario the framers sought to avoid. President Trumans dismissal of Gen. Douglas MacArthur in 1951 serves as a stark reminder: Even the most celebrated commanders must subordinate their views to civilian authority, lest the military begin to dictate policy rather than execute it.
. . .
Much more in this interesting and vital discussion.
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The Dangerous Appeal of Military Insubordination -- Lawfare (Original Post)
erronis
Aug 5
OP
erronis
(21,300 posts)1. Excerpt from earlier post referenced in OP "A Politically Neutral Military Is Not Always Obedient"
https://www.lawfaremedia.org/article/a-politically-neutral-military-is-not-always-obedient
Start of submitted piece:
Editors Note: In January, a week before the inauguration of President Trumps second term, the author submitted for Lawfares consideration this piece, which argues that political neutrality obligates military resistance to lawful orders in some extraordinary circumstances. In the lead-up to the 2024 presidential election, Lawfare published a series of essays in partnership with Protect Democracy explaining the many limitations, drawbacks, and dangers of deploying the military on U.S. soil. Lawfares editorial team felt that the submission complemented that series, and responded to a debate happening at the time referenced in the introduction of the piece, so we accepted the submission.
After a series of edits, the article was almost ready for publication, but the author reached out to withdraw the submission, citing intense pressure from his institution, the United States Military Academy West Point, to do so. This occurred on Jan. 23, three days after the inauguration.
The piece remained unpublished until today. This morning, the New York Times ran an op-ed from the author announcing his plan to resign from West Point at the end of the semester and providing context about the erosion of academic freedom at the military academy. After consulting with the author, Lawfare has decided to publish the initial submission below.
- Tyler McBrien, Managing Editor
After a series of edits, the article was almost ready for publication, but the author reached out to withdraw the submission, citing intense pressure from his institution, the United States Military Academy West Point, to do so. This occurred on Jan. 23, three days after the inauguration.
The piece remained unpublished until today. This morning, the New York Times ran an op-ed from the author announcing his plan to resign from West Point at the end of the semester and providing context about the erosion of academic freedom at the military academy. After consulting with the author, Lawfare has decided to publish the initial submission below.
- Tyler McBrien, Managing Editor
Start of submitted piece:
There is a debate unfolding in the U.S. about the militarys obligation to civilian leadership. I and others have argued that military leaders may be ethically obligated to refuse or resist some extraordinary orders even if those orders are not patently illegal. Some experts, including Charles Dunlap, Martin Dempsey, and Peter Feaver, have responded by insisting that, on the contrary, the militarys obligation to obey legal orders is absolute.
There are three interrelated objections critics have offered against views, like mine, that allow for the possibility of disobedience.
. . .
There are three interrelated objections critics have offered against views, like mine, that allow for the possibility of disobedience.
. . .
Norrrm
(2,992 posts)2. Trump cut a lot of the military legal eagles.