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Thread: Obama reaffirms will end "Don't ask Don't tell"

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    Re: Obama reaffirms will end "Don't ask Don't tell"

    Quote Originally Posted by Scorpion89 View Post
    No your wrong before any part of the UCMJ is changed the USSC is ask to look at the change. Oh and this goes for any Law that is new or being changed.
    No.

    Wrong.

    False.

    Incorrect.

    You have no idea what you're talking about.

    Holy. ****.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: Obama reaffirms will end "Don't ask Don't tell"

    Quote Originally Posted by RightinNYC View Post
    And the UCMJ is also enacted by Congress and falls under that same grant of lawmaking authority. Again, this is seriously basic stuff.

    You want another example?

    CAAFlog: New UCMJ amendment



    Congress amended the UCMJ, Bush signed it, it took effect. The Supreme Court had no input or involvement. Period. This is not up for debate or subject to interpretation.
    And, the UCMJ is a criminal code and just like the USC, is subject to the same laws as far as changes, omitions and abolitions. If Congress and/or the president were able to strike Section 925 and/or Article 125, then Congress and the president would be legally allowed to legalize rape, as it applies to the military branches. Do you really think that the Congress and the president should have hat kind of unchecked power? I think you're smarter than that.

    Read what Scorpion post about Section 925 and Article 125, then research those docs and you'll see what's going on.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Obama reaffirms will end "Don't ask Don't tell"

    Quote Originally Posted by apdst View Post
    And, the UCMJ is a criminal code and just like the USC, is subject to the same laws as far as changes, omitions and abolitions.
    What "laws" is the USC subject to in terms of changes?

    I'll give you a hint - none (at least in terms of what you're referring to).

    If Congress and/or the president were able to strike Section 925 and/or Article 125, then Congress and the president would be legally allowed to legalize rape, as it applies to the military branches.
    Correct (leaving all constitutional/civil rights claims aside)

    Do you really think that the Congress and the president should have hat kind of unchecked power?
    It's not a matter of whether I think they should - they do.

    I think you're smarter than that.
    I don't really know how to respond to this, so I'll just say "yes."

    Read what Scorpion post about Section 925 and Article 125, then research those docs and you'll see what's going on.
    No. Scorpion has no ****ing clue what he's talking about, so I'm no longer bothering to try to explain it to him beyond cursory responses.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: Obama reaffirms will end "Don't ask Don't tell"

    Quote Originally Posted by Scorpion89 View Post
    No your wrong before any part of the UCMJ is changed the USSC is ask to look at the change. Oh and this goes for any Law that is new or being changed.

    The Maine Supreme Court is authorized to issue advisory opinons (asking the court to look at a law before there has been a case to challenge it), but the United States Supreme Court does not have that authority. The USSC only issues opinions when a law has been challenged.

    So, the USSC would have no role in issueing opinions on an action Congress took (or an Executive Order the President issued) to repeal a section of the UCMJ, or to add a new section to the UCMJ.

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    Re: Obama reaffirms will end "Don't ask Don't tell"

    Quote Originally Posted by Scorpion89 View Post
    Actually when the National Def. Act of 1852 was enacted one of the items brought on line was the UCMJ, which were made up of then a various rules and regs of the three branchs of the Military when the UCMJ was enacted the USSC ruled on what was and wasn't Constitutional. Now please go and read what Section 925 Art. 125 states don't foregt up till about 10 Years ago it was still illegal in certain states, Texas is one that I can recall.

    As stated DADT was a Comp. if the DADT does go away then Section 925 Art. 125 come's into play, hence Mr. Obama can't order Section 925 art. 125 to go bye bye nor can Congress unless Congress is ready to re-write all of the UCMJ and if they decide to even try that then it would open up a can of worms that no one would want to see. Think about this folks if Congress goes and re-writes UCMJ then the President of the United States in theory could ask the USSC to throw out the 22nd Adm or any US Code/Law.

    If the Congress were to repeal DADT, they would also repeal or rewrite S925 A125, or any other section/article that would present a legal obstacle to gays serving openly in the military.

    Changing sections of code is not like changing amendments. States have to ratify amendments passed by the Congress.

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    Re: Obama reaffirms will end "Don't ask Don't tell"

    Quote Originally Posted by RightinNYC View Post
    What "laws" is the USC subject to in terms of changes?

    I'll give you a hint - none (at least in terms of what you're referring to).
    I got a better idea: Show us how an unfair, ilegal, useless, frivilous, unconstitutional, stupid, outdated etc. law in the USC is changed.






    It's not a matter of whether I think they should - they do.
    No, they don't. It's called, "checks and balances".



    I don't really know how to respond to this, so I'll just say "yes."
    I'm surprised you even had to think about that one...



    No. Scorpion has no ****ing clue what he's talking about, so I'm no longer bothering to try to explain it to him beyond cursory responses.

    No, I think it's you sir, that is confused. You really need to read the articles that he referrenced. When you do, you will change your attitude.
    Quote Originally Posted by Top Cat View Post
    At least Bill saved his transgressions for grown women. Not suggesting what he did was OK. But he didn't chase 14 year olds.

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    Re: Obama reaffirms will end "Don't ask Don't tell"

    Quote Originally Posted by Scorpion89 View Post
    No your wrong before any part of the UCMJ is changed the USSC is ask to look at the change. Oh and this goes for any Law that is new or being changed.
    No new law is brought before the USSC until someone (normally a citizen) brings it before them. They then rule to see if it is constitutional. If every new law was to be brought to the USSC then the USSC would never get anything done.

    Seriously you two have no idea how our system really works.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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    Re: Obama reaffirms will end "Don't ask Don't tell"

    Quote Originally Posted by apdst View Post
    No, I think it's you sir, that is confused. You really need to read the articles that he referrenced. When you do, you will change your attitude.




    The dude's in law school. He knows what he's talking about here.

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    Re: Obama reaffirms will end "Don't ask Don't tell"

    Quote Originally Posted by apdst View Post
    I got a better idea: Show us how an unfair, ilegal, useless, frivilous, unconstitutional, stupid, outdated etc. law in the USC is changed.
    I would have hoped that you and Scorpion saw this at some point in your lives, but I guess not.

    [ame="http://www.youtube.com/watch?v=mEJL2Uuv-oQ"]YouTube - Schoolhouse Rock- How a Bill Becomes a Law[/ame]

    Strangely enough, they must have left out the scene where the bill gets pre-approved by the SC in clear violation of the case or controversy clause.

    No, they don't. It's called, "checks and balances".
    Dear god, no it's not. Newsflash: not every power is split among all three branches. There are plenty of powers that are given to only one or two branches.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

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    Re: Obama reaffirms will end "Don't ask Don't tell"

    The sweet and merciless concept of irony is lost on apdst and Scorp.
    "An error does not become truth by reason of multiplied propagation, nor does truth become error because nobody sees it." - Gandhi

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