Because I don't think that Hering's preemptive grab of authority ("I will use or not use the nukes depending of what I think is right regardless of what my orders say") falls under "supporting and defending the Constitution". I think it falls under "makes sense to me".
I don't see where your "preemptive grab of authority" characterization is coming from. Officers are not obligated to follow illegal orders; the established doctrine is that they will be held liable if they do so--that they were simply following orders is no defense. That is, they are only supposed to follow orders that "make sense" to them (in a legal and moral, not strategic, sense).
Yes, it's correct that Petrov's resistance was technical and Hering's resistance was moral, and we / the government may have different opinions on how to r...
It is Petrov Day again, partially thanks to Stanislaw Petrov.
http://lesswrong.com/lw/jq/926_is_petrov_day/