This Honduras coup thing is intriguing. The Supreme Court, it seems, told the army to boot the president. Now, as shocking as this will no doubt be to many readers, I don’t know a great deal about Honduran constitutional law. So how kosher all that is, I don’t know. But it sounds like the right thing was done. Still, this got me thinking about America. Now before I go on let me say, in anticipation of annoying email and blog posts, that this post has absolutely nothing whatsoever to do with Barack Obama. I’m not spinning wingnutty scenarios or anything of the sort. This is more like “What if Superman fought the Hulk?” or “What if China invaded America?” stuff.

But I am curious, let’s say that President X in 2020 is intent on doing something flat-out unconstitutional according to the Supreme Court. Moreover, he’s going to ask the army to do it. And, let’s say it’s sufficiently time-sensitive that Congress won’t or can’t impeach, even if it may like to. What is the role of the U.S. military? Presumably there would be lots and lots of resignations. But could the Supreme Court tell the army to kick Pres. Dennis Kucinich or Pres. Bob Dornan out of his bed and into exile? Has this ever been explored by legal scholars? Is there a precedent? Does the Pentagon have a doctrine to cover this? What if the Hulk got his powers not from gamma radiation, but kryptonian radiation?

Update: From a reader:

I think this is an issue that needs to be discussed in any free and democratic (that’s democratic, not Democrat!) society, so I’ll throw my own two cents in:
The Hulk would totally kick Superman’s ass.

Update II: From another reader:

Dear Jonah:
So the guy who thinks anti-smoking laws are fascist is seriously suggesting that the military can defy the duly elected leader of a democracy? Am I (or are you) taking crazy pills?
In our democracy, the military must always obey the commander-in-chief. Officers are free to resign, as you say, but while they remain on active duty they must obey the guy who won the electoral vote in the last election.
The only institutions that can take on the president are those that are equal in rank, and there are only two of those: Congress and the Supreme Court. If the constitutional violation is really as clear-cut as you say (and if it isn’t there’s no “crisis,” it’s just a matter of political debate), then it is incumbent on members of the House to get their asses back to Washington immediately and vote to impeach. There’s no constitutional requirement that the process be dragged out with Judiciary Committee hearings and whatnot; it just takes a majority vote in the House. The Senate could vote to remove a few hours later.
But until the Chief Justice declares that two thirds of the senators have voted for the president’s removal, the military must obey him.

Uh, I don’t know what pills you’re taking, but I didn’t seriously suggest anything. I asked a question. For the record, I agree with the principle, though I suspect that’s a principle that might be murkier in application in a real-world situation.