Tuesday, October 12, 2010

Don’t Ask Don’t Tell and the Courts

Today a District Judge in the District of Columbia order the immediate injunction of the Don't ask Don't Policy for the Armed Forces.


The most significant Constitutional Question is not only of the policy itself, but the authority of the policy. The Constitution grants Congress alone the power to, "To make Rules for the Government and Regulation of the land and naval Forces", not the courts. SCOTUS has on more than one occasion ruled [correctly], Military Service is not a Constitutional guarantee, that this gives Congress alone the power to determine eligibility of service in the Armed Forces, and not the Courts. Many policies exist that restrict or prohibit service as set forth by law enacted by Congress including Disability, prior Felonies, minor medical conditions [that are not minor in combat], and education among various others.


The ONLY proper method of changing this policy is by an Act of Congress, not the Courts. By allowing the Courts to determine the requirements [by the President not directing DOJ or the DOD not appealing this to SCOTUS] removes the Constitutional prerogative from the specific body it was granted to, and places it in another branch.
This is not a discussion if the policy is right or wrong, but the current events of how it has been changed in regards to granted powers in the Constitution.

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