Oath Keepers is a non-partisan association of current and formerly serving military, police, and first responders, who pledge to fulfill the oath all military and police take to “defend the Constitution against all enemies, foreign and domestic.” That oath, mandated by Article VI of the Constitution itself, is to the Constitution, not to the politicians, and Oath Keepers declare that they will not obey unconstitutional orders, such as orders to disarm the American people, to conduct warrantless searches, or to detain Americans as “enemy combatants” in violation of their ancient right to jury trial. See the Oath Keepers Declaration of Orders We Will Not Obey for detailsThis refers to the statement that "shall be bound by oath or affirmation, to support this Constitution".
The problem is that this statement places them in violation of that oath since the basis of a Constitutional society is the rule of law, which is:
The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials.Just because you disagree with a law does not mean it is unconstitutional. And, unless you are a constitutional scholar, you really have no right making a legal opinion about what is constitutional or not (yes, I am a constitutional scholar and a lawyer).
Article VI, Section 2 contradicts the above statement by the oathkeepers and makes it clear that it is the rule of law which applies:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.Additionally, other sections of the Constitution and US law go against the premise of their upholding their oath.
Article III, Section iii:
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.14th Amendment, Section iii:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.The laws on this conduct can be found at 18 USC Chapter 115 and 10 U.S.C. § 892.
Dennis v. United States, 341 U.S. 494 (1951) puts paid to the insurrectionist theory and the belief that one can disobey a lawful order (whether one agrees with it or not):
The obvious purpose of the statute is to protect existing Government, not from change by peaceable, lawful and constitutional means, but from change by violence, revolution and terrorism. That it is within the power of the Congress to protect the Government of the United States from armed rebellion is a proposition which requires little discussion. Whatever theoretical merit there may be to the argument that there is a “right” to rebellion against dictatorial governments is without force where the existing structure of the government provides for peaceful and orderly change.
It is an absurdity that a document which was intended to "form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity" would somehow allow for acts of rebellion, no matter how well intentioned.
In other words, the Oathkeepers are the people they took an oath to protect us from if they are unwilling to live within the Constitution and the rule of law. They need to understand that should they fail to obey an order or enforce a constitutionally enacted law, that they are in violation of that oath.
Bottom line is that the reality is you are an oathbreaker than an oathkeeper if you fail to obey a lawful order you may not agree with.