Oath of enlistment
I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic.
The Army oath of enlistment is a pledge to support and defend the U.S. Constitution against all enemies, to bear true faith and allegiance to it, and to obey the orders of the President and superior officers. The full oath is: “I, [name], 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”.
Saturday, October 25, 2025
Defending the Constitution has precedence in the oath of enlistment, meaning that the oath to obey the President’s orders is conditional on those orders being lawful and not violating the Constitution. The U.S. military’s oath requires members to “support and defend the Constitution of the United States against all enemies, foreign and domestic,” before they promise to “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”. This means an order that is unconstitutional is an illegal order and a service member may (and, in some cases, must) refuse it.
- Constitution is supreme:
The Constitution is the “Supreme Law of the Land,” and the military’s allegiance is to it, not to any single person or office. - Condition for obeying orders:
The oath to obey the President’s orders is qualified by the requirement to follow “regulations and the Uniform Code of Military Justice”. - Service members can refuse illegal orders:
A service member is obligated to refuse an order that is illegal or unconstitutional, as the duty to defend the Constitution overrides the duty to obey the order. - Risk of disobedience:
While a service member can refuse an illegal order, they must be certain that the order is genuinely unlawful. Disobeying a lawful order, even based on a mistaken belief, can have severe legal consequences.
I, (state name of enlistee), 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).”
Defending the Constitution takes precedence over following the President’s orders. While service members swear to obey the President and their officers, they have a duty to disobey any order that violates the Constitution, as the Constitution is the supreme law and the ultimate source of their allegiance.
The oath itself establishes the hierarchy: The full oath of enlistment states, “I will support and defend the Constitution… and that I will obey the orders of the President… according to regulations and the Uniform Code of Military Justice”. The “support and defend the Constitution” part comes first.
The Constitution is the supreme law: Military personnel are sworn to uphold the Constitution, which serves as the highest law of the land.
Unconstitutional orders must be disobeyed: The obligation to obey orders is conditional on those orders being legal and in line with the Constitution. A service member is legally and morally bound to disobey an unconstitutional order.
The oath is to the nation, not a single leader: The oath to the Constitution ensures that the military’s loyalty is to the nation and its founding principles, not to a single person or political party. This prevents the military from being used for dictatorial purposes.
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