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Full Text of HR0575
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HR0575 - 104th General Assembly
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HR0575
LRB104 16647 ECR 30051 r
1
HOUSE RESOLUTION
2
WHEREAS, Recent public statements, attributed to the
3
President of the United States, have been widely interpreted
4
as threats of political violence or retaliation against
5
elected representatives who have publicly affirmed that
6
members of the United States Armed Forces must refuse unlawful
7
orders; and
8
WHEREAS, The Constitution of the United States establishes
9
a system of separated powers and checks and balances designed
10
to prevent the consolidation of authority in any one
11
individual, including the president, and guarantees that all
12
elected officials may discharge their duties free from threats
13
of retaliation or violence; and
14
WHEREAS, The Declaration of Independence states that
15
governments derive their just powers from the consent of the
16
governed and that the legitimacy of our Republic depends upon
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the free exercise of representative government without fear,
18
intimidation, or coercion; and
19
WHEREAS, Any rhetoric, regardless of the speaker or
20
political party, that could reasonably be construed as
21
encouraging, endorsing, or threatening political violence or
22
prosecution against members of the legislative branch for the
HR0575
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LRB104 16647 ECR 30051 r
1
lawful exercise of their constitutional duties is of grave
2
concern; and
3
WHEREAS, The Uniform Code of Military Justice (UCMJ) and
4
the long-standing traditions of the United States Armed Forces
5
make it unequivocally clear that service members have a legal
6
and moral obligation to refuse unlawful orders, consistent
7
with Articles 90, 91, and 92 of the UCMJ, which require
8
obedience only to lawful orders; and
9
WHEREAS, The Nuremberg Principles, the rulings of American
10
military tribunals, and U.S. military doctrine establish that
11
following orders is not a defense for participation in illegal
12
acts, and that the rule of law requires individual
13
responsibility; and
14
WHEREAS, Any attempted direct or implied threat to elected
15
representatives for affirming these foundational principles
16
represents a danger to constitutional governance, civilian
17
control of the military, and the rule of law itself;
18
therefore, be it
19
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
20
HUNDRED FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
21
we condemn any statements, threats, or insinuations of
22
political violence, from any official, including the President
HR0575
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LRB104 16647 ECR 30051 r
1
of the United States, that seek to intimidate or punish
2
elected representatives for upholding the Constitution or for
3
reaffirming the duty of service members to refuse unlawful
4
orders; and be it further
5
RESOLVED, That we reaffirm the constitutional and
6
statutory obligations of all uniformed military personnel to
7
obey only lawful orders, to protect the Constitution of the
8
United States, and to reject any directive that violates the
9
rights of the people or the rule of law; and be it further
10
RESOLVED, That suitable copies of this resolution be
11
delivered to the President of the United States, the U.S.
12
Secretary of Defense, the U.S. Senate Majority Leader, the
13
U.S. Senate Minority Leader, the U.S. Speaker of the House,
14
the U.S. House of Representatives Minority Leader, and all
15
members of the Illinois Congressional Delegation.
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