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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 RightinNYC View Post
    I would have hoped that you and Scorpion saw this at some point in your lives, but I guess not.

    YouTube - Schoolhouse Rock- How a Bill Becomes a Law

    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.



    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.

    I love Schoolhouse Rock!!!! I even bought a bunch of the vids for my daughter when she was little.

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

    Quote Originally Posted by jackalope View Post
    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.
    Therein lies the problem: they can't just rewrite Article 125. To rewrite Article 125, they would have to send it to the SC, the SC deems it unconstitutional and then Congress writes a new Article 125.

    Newsflash: there are ambulance, headline grabbing lawyers just slobbering at the mouth, waiting for Congress and the president to do something stupid with DADT, find a single soldier that doesn't like their decision, then that lawyer files a lawsuit on behalf of his client, on the grounds that the decision to change DADT is unconstitutional. Why? Because they left out an, "of", somewhere when they rewrote Article 125. Or, because he/she, under DoD regulations, has the right to serve in a safe and comfortable environment. Or, hell, you name it!
    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
    Therein lies the problem: they can't just rewrite Article 125. To rewrite Article 125, they would have to send it to the SC, the SC deems it unconstitutional and then Congress writes a new Article 125.
    Show me where Article III gives this power to the Supreme Court.
    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 apdst View Post
    Therein lies the problem: they can't just rewrite Article 125. To rewrite Article 125, they would have to send it to the SC, the SC deems it unconstitutional and then Congress writes a new Article 125.

    Newsflash: there are ambulance, headline grabbing lawyers just slobbering at the mouth, waiting for Congress and the president to do something stupid with DADT, find a single soldier that doesn't like their decision, then that lawyer files a lawsuit on behalf of his client, on the grounds that the decision to change DADT is unconstitutional. Why? Because they left out an, "of", somewhere when they rewrote Article 125. Or, because he/she, under DoD regulations, has the right to serve in a safe and comfortable environment. Or, hell, you name it!

    I'm going to just guess that you are not reading any of the replies. They CANNOT send it to the USSC for a quick onceover .... that would be unconstitutional. The USSC has not the authority to check over laws, or proposed changes to laws. They only have the authority to rule on a case that is challenged by parties that are ruled to have standing before the court to challenge the law.

    There are no lawyers waiting to do what you said, because no such person would be granted a license to practice the law. They would fail the bar exam.

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

    Quote Originally Posted by RightinNYC View Post
    Show me where Article III gives this power to the Supreme Court.
    this could be interesting ...

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

    Quote Originally Posted by jackalope View Post
    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.
    No they can't, how many of you know how and why DADT came into being huh, I do my Father was one of the 12 Military Judges that help write the ****ing thing I might know a little bit more about he ****ing thing. Look DADT was a Comp. to get around Section 925 Art 125.

    When UCMJ was enacted with the 1952 Def. Act it stated on how and when any part of the UCMJ can be changed and it left that up to the USSC. Now if someone in the Military wants to challange any part of the UCMJ they can by going thru an Section 867a Art. 67a

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

    Quote Originally Posted by Scorpion89 View Post
    When UCMJ was enacted with the 1952 Def. Act it stated on how and when any part of the UCMJ can be changed and it left that up to the USSC. Now if someone in the Military wants to challange any part of the UCMJ they can by going thru an Section 867a Art. 67a
    Provide quote and link to where this is stated please.
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    Re: Obama reaffirms will end "Don't ask Don't tell"

    Quote Originally Posted by Scorpion89 View Post
    No they can't, how many of you know how and why DADT came into being huh, I do my Father was one of the 12 Military Judges that help write the ****ing thing I might know a little bit more about he ****ing thing. Look DADT was a Comp. to get around Section 925 Art 125.

    When UCMJ was enacted with the 1952 Def. Act it stated on how and when any part of the UCMJ can be changed and it left that up to the USSC. Now if someone in the Military wants to challange any part of the UCMJ they can by going thru an Section 867a Art. 67a
    "Now if someone in the Military wants to challange any part of the UCMJ they can by going thru an Section 867a Art. 67a"

    Scorp is President Obama the Commander in Chief of all military forces?

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

    Quote Originally Posted by Scorpion89 View Post
    No they can't, how many of you know how and why DADT came into being huh, I do my Father was one of the 12 Military Judges that help write the ****ing thing I might know a little bit more about he ****ing thing. Look DADT was a Comp. to get around Section 925 Art 125.

    When UCMJ was enacted with the 1952 Def. Act it stated on how and when any part of the UCMJ can be changed and it left that up to the USSC. Now if someone in the Military wants to challange any part of the UCMJ they can by going thru an Section 867a Art. 67a

    There can be no section of law, whether military code or us code or anything else that gave the authority to the Supreme Court to change the USSC. The only constitutional authority they have with regard to changing the UCMJ is ruling a section unconstitutional if presented with a person deemed to have standing who has claimed harm by the law.

    And then, they can only throw out an offending part. Only Congress, by writing new law, or the President, by issuing an Executive Order, can change the UCMJ.

    And any changes they make would stand, unless and until one of them changed it, or a case accepted by the SC threw it out.

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

    Quote Originally Posted by RightinNYC View Post
    Show me where Article III gives this power to the Supreme Court.
    Article III Section 2

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