The Oath That Outranks Any Order

I recently read an article on Military.com titled “4 Out of 5 US Troops Surveyed Understand the Duty to Disobey Illegal Orders.” In the essay, the authors stated:

“Our poll, fielded between June 13 and June 30, 2025, shows that service members understand these rules. Of the 818 active-duty troops we surveyed, just 9% stated that they would ‘obey any order.’ Only 9% ‘didn’t know,’ and only 2% had ‘no comment.'”

I have to note here that the article—and possibly the poll itself—has a partisan slant. The authors are clearly not fans of Donald Trump. Even so, the essay and its findings are interesting to me.

Of course, I would have preferred to read that 100% of active-duty troops understand how to recognize an illegal order and know when to disobey it. However, 80% sounds realistic. In fact, I find that number encouraging.

I entered West Point as a new cadet in July of 1976. That was a long time ago. I don’t remember much of my first day at USMA—most of it is a blur. But I distinctly remember standing on the Plain to take the oath to defend the U.S. Constitution. Did I truly understand what I was promising to do at that moment? No. But over time, I figured it out and realized just how life-changing that oath really was—and still is.

I suspect most veterans can recall when they officially became service members. It’s hard to overstate how important that moment is. The oath we took stands in stark contrast to the oath sworn by German soldiers in WWII. Those men (likely including my father-in-law) swore allegiance to Adolf Hitler himself. We did not swear allegiance to a president, to a political party, to a religion, or to any ethnic group. An American service member swears allegiance to the Constitution—the core document of our republic. In effect, we took an oath to defend a noble idea.

But what does it truly mean to defend the Constitution? That’s where it gets difficult. The line between right and wrong is not always clear. Sometimes, we are forced to choose the lesser evil. Even in peacetime, a soldier may face an order that is illegal or immoral.

My oldest son fought in Iraq, and he often found himself in violent situations where decisions had to be made instantly, with no time for careful reflection. In those moments, I doubt he thought much about the Constitution. He thought about survival.

Can we expect service members to always fulfill their oath? Probably not. But knowing that the vast majority understand what they have promised gives me hope.

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Frank (Francis) Pauc is a graduate of West Point, Class of 1980. He completed the Military Intelligence Basic Course at Fort Huachuca and then went to Flight School at Fort Rucker. Frank was stationed with the 3rd Armor Division in West Germany at Fliegerhorst Airfield from December 1981 to January 1985. He flew Hueys and Black Hawks and was next assigned to the 7th Infantry Division at Fort Ord, CA. He got the hell out of the Army in August 1986.

As the Voice of the Veteran Community, The Havok Journal seeks to publish a variety of perspectives on a number of sensitive subjects. Unless specifically noted otherwise, nothing we publish is an official point of view of The Havok Journal or any part of the U.S. government.