HR0575 104TH GENERAL ASSEMBLY

HR0575 LRB104 16647 ECR 30051 r

HOUSE RESOLUTION

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 United States 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 Declaration of Independence states 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, 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 is of grave concern; and

WHEREAS, The Uniform Code of Military Justice (UCMJ) and the long-standing traditions of the United States Armed Forces make it 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 attempted direct or implied threat to 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, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we condemn 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 we reaffirm 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 suitable copies of this resolution be delivered to the President of the United States, the U.S. Secretary of Defense, the U.S. Senate Majority Leader, the U.S. Senate Minority Leader, the U.S. Speaker of the House, the U.S. House of Representatives Minority Leader, and all members of the Illinois Congressional Delegation.