We are at a critical moment in American history.

When duly elected members of Congress publicly stated that, according to the Uniform Code of Military Justice, the military must only follow lawful orders, the President of the United States declared they committed sedition and deserve death. This threat, and the rhetoric of political violence and retaliation represents a betrayal of the American People and a threat to our constitutional democracy. 
 
Upon taking office, we each swear an oath to uphold the Constitution of the United States of America. We cannot honor the military service members who have given their last full measure of devotion and sacrificed so fully without absolute fidelity to that Sacred Oath. We stand together with the elected leaders in Washington, and with service members across our nation, who uphold the rule of law and the foundational principles of our republic. Our loyalty is to our Constitution and the American People whom we serve.

Now is not a time for fear, nor is it a time for deference toward anyone who would seek to usurp that loyalty. The oath to the Constitution that elected officials take has been upheld by generations of Americans who came before us and paid the price that our freedom has thus far demanded.  

We urge all of our colleagues, regardless of party, to affirm the rule of law, condemn threats of political violence made against elected public servants, and reaffirm the duty of service members to uphold the constitution and Uniform Code of Military Justice. 

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A Resolution of the Pennsylvania House of Representatives Condemning Any Threats of Political Violence Made Against Elected Representatives and Reaffirming the Duty of Uniformed Military Personnel to comply with the Uniform Code of Military Justice

WHEREAS, recent public statements, attributed to the President of the United States, have been widely interpreted as threats of political violence or retaliation against elected representatives who have publicly affirmed that members of the Armed Forces must refuse unlawful orders; and

WHEREAS, the Constitution of the United States establishes a system of separated powers and checks and balances designed to prevent the consolidation of authority in any one individual, including the President, and guarantees that all elected officials may discharge their duties free from threats of retaliation or violence; and

WHEREAS, the Commonwealth of Pennsylvania reaffirms the principle, declared in the Declaration of Independence, that “that governments derive “their just powers from the consent of the governed,” and that the legitimacy of our Republic depends upon the free exercise of representative government without fear, intimidation, or coercion; and

WHEREAS, the Pennsylvania House of Representatives expresses grave concern regarding any rhetoric, regardless of the speaker or political party that could reasonably be construed as encouraging, endorsing, or threatening political violence or prosecution against members of the legislative branch for the lawful exercise of their constitutional duties; and

WHEREAS, the Uniform Code of Military Justice (UCMJ) and the long-standing traditions of the United States Armed Forces make unequivocally clear that service members have a legal and moral obligation to refuse unlawful orders, consistent with Articles 90, 91, and 92 of the UCMJ, which require obedience only to lawful orders; and

WHEREAS, the Nuremberg Principles, the rulings of American military tribunals, and U.S. military doctrine establish that “following orders” is not a defense for participation in illegal acts, and that the rule of law requires individual responsibility; and

WHEREAS, any attempt direct or implied to threaten elected representatives for affirming these foundational principles represents a danger to constitutional governance, civilian control of the military, and the rule of law itself;

THEREFORE, BE IT RESOLVED, that the House of Representatives of the Commonwealth of Pennsylvania condemns any statements, threats, or insinuations of political violence, from any official including the President of the United States, that seek to intimidate or punish elected representatives for upholding the Constitution or for reaffirming the duty of service members to refuse unlawful orders; and

BE IT FURTHER RESOLVED, that the House of Representatives reaffirms the constitutional and statutory obligations of all uniformed military personnel to obey only lawful orders, to protect the Constitution of the United States, and to reject any directive that violates the rights of the people or the rule of law; and

BE IT FURTHER RESOLVED, that copies of this Resolution be transmitted to the President of the United States, the Secretary of Defense, the leadership of both houses of Congress, and the members of Pennsylvania’s congressional delegation.