There is an important difference to understand when reading the Officers' Oath of Enlistment compared to the Oath of Office.

Both officers and enlisted service members swear to support and defend the Constitution of the United States, but in the Oath of Enlistment, service members swear they will “obey the orders of the president of the United States and the orders of the officers appointed over [them], according to regulations and the Uniform Code of Military Justice.”

Officers do not include this in their Oath of Office.

Instead, they swear to support and defend the constitution and “well and faithfully discharge the duties of their office.”

Why are the two oaths different? This concept traces back to the intentions of the Founding Fathers who created our governing system with a separation of powers and series of checks and balances between the three branches. This ensures no single branch or person gains too much power and becomes corrupted. By swearing allegiance to a set of ideals and laws, our military is not bound by the orders of a single person, but are dedicated to the defense of the people and their way of life.

With either oath, your loyalty is to the Constitution first. An unlawful order is one that violates the Constitution.