View Poll Results: Is the U.S. Air Force Constitutional?

Voters
32. You may not vote on this poll
  • Yes, it is an implied power

    26 81.25%
  • No, it is not mentioned in the Constitution

    2 6.25%
  • Other/Don't know

    4 12.50%
Page 2 of 7 FirstFirst 1234 ... LastLast
Results 11 to 20 of 65

Thread: Is the U.S. Air Force Constitutional?

  1. #11
    Banned
    Join Date
    Jan 2006
    Location
    United States
    Last Seen
    01-21-16 @ 11:21 AM
    Gender
    Lean
    Independent
    Posts
    51,124

    Re: Is the U.S. Air Force Constitutional?

    Quote Originally Posted by Dav View Post
    Obviously, the Founding Fathers had no idea that airplanes would ever exist, so there is no mention of an Air Force in the Constitution, even though it mentions both an Army and a Navy.

    Does this mean that keeping an Air Force without amending the Constitution to allow such is unconstitutional? When I learned about the Constitution in grade school, the Air Force was frequently cited as an "implied power" in the Constitution, since the Constitution makes rules for a military and since the Founders couldn't foresee the importance of airplanes. I'm especially interested in how strict Constitutionalists view this issue.
    I'm 100% certain that if flight existed in their time that an air force would have been specifically mentioned; and the future space-force equivalent, also.

  2. #12
    Hung like Einstein
    Singularity's Avatar
    Join Date
    May 2008
    Location
    Washington D-Sig
    Last Seen
    06-30-13 @ 05:14 PM
    Gender
    Lean
    Liberal
    Posts
    1,058

    Re: Is the U.S. Air Force Constitutional?

    The US Air Force is Constitutional under the Elastic Clause (Article I, Section VIII of the Constitution).

    I took a Constitutional Law class back when I was going for my second degree, and the Air Force was mentioned specifically.

  3. #13
    Banned
    Join Date
    Jan 2006
    Location
    United States
    Last Seen
    01-21-16 @ 11:21 AM
    Gender
    Lean
    Independent
    Posts
    51,124

    Re: Is the U.S. Air Force Constitutional?

    Quote Originally Posted by Singularity View Post
    The US Air Force is Constitutional under the Elastic Clause (Article I, Section VIII of the Constitution).

    I took a Constitutional Law class back when I was going for my second degree, and the Air Force was mentioned specifically.
    "Elastic Clause" aye? I hope you're not implying that spandex is a Constitutional right, 'cuz you and I are gona have some words....

  4. #14
    Banned
    Join Date
    Jun 2009
    Last Seen
    06-26-09 @ 10:09 PM
    Gender
    Lean
    Undisclosed
    Posts
    25

    Re: Is the U.S. Air Force Constitutional?

    Quote Originally Posted by OxymoronP View Post
    It is constitutional since the President is commander and chief and he can organize the military as he sees fit.
    ~~~~~~~~~~~~~~~~~~~~~~~~~


    In America, every member of the military...Army, Navy, Marines, Coast Guard and Air Force... is first and foremost a soldier of the United States.

  5. #15
    Professor
    OxymoronP's Avatar
    Join Date
    Jun 2009
    Location
    Heart in Brooklyn, body South of Dixie
    Last Seen
    08-23-10 @ 09:38 AM
    Gender
    Lean
    Conservative
    Posts
    2,175

    Re: Is the U.S. Air Force Constitutional?

    Quote Originally Posted by hammerman View Post
    ~~~~~~~~~~~~~~~~~~~~~~~~~


    In America, every member of the military...Army, Navy, Marines, Coast Guard and Air Force... is first and foremost a soldier of the United States.
    Your point being?


    THE GREATEST FREEDOM IS THE FREEDOM TO OPPRESS OTHERS

  6. #16
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 12:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

    Re: Is the U.S. Air Force Constitutional?

    Quote Originally Posted by Singularity View Post
    The US Air Force is Constitutional under the Elastic Clause (Article I, Section VIII of the Constitution).
    Under which of the "foregoing powers" was the USAF created?

  7. #17
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 12:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

    Re: Is the U.S. Air Force Constitutional?

    Quote Originally Posted by Jerry View Post
    I'm 100% certain that if flight existed in their time that an air force would have been specifically mentioned; and the future space-force equivalent, also.
    Certainly.
    HOWever... they were not.

    As noted, the USAF was originally part of the US army; it was then seperated into its own branch. While the Constitution does allow for Congress to organize the US military as it sees fit, it does not allow for it to create a branch of service of status equal to the army and the navy.

  8. #18
    Sage
    Gibberish's Avatar
    Join Date
    Oct 2005
    Location
    San Diego, CA
    Last Seen
    12-23-12 @ 08:29 PM
    Gender
    Lean
    Moderate
    Posts
    6,339

    Re: Is the U.S. Air Force Constitutional?

    Quote Originally Posted by Goobieman View Post
    As noted, the USAF was originally part of the US army; it was then seperated into its own branch. While the Constitution does allow for Congress to organize the US military as it sees fit, it does not allow for it to create a branch of service of status equal to the army and the navy.
    Could it create a branch of service if it was labeled under Army or Navy at it's creation and simple re-organized later to it's own branch?
    "Gold gets dug out of the ground in Africa, or someplace. Then we melt it down, dig another hole, bury it again and pay people to stand around guarding it. It has no utility. Anyone watching from Mars would be scratching their head."
    - Warren Buffett

  9. #19
    Banned Goobieman's Avatar
    Join Date
    Feb 2006
    Last Seen
    03-22-15 @ 12:36 PM
    Gender
    Lean
    Very Conservative
    Posts
    17,343

    Re: Is the U.S. Air Force Constitutional?

    Quote Originally Posted by Gibberish View Post
    Could it create a branch of service if it was labeled under Army or Navy at it's creation and simple re-organized later to it's own branch?
    The "simple re-organization" as you state it is exactly what happened.

    The Army and Navy are Constitutionally described branches of the US military. To create another branch with the same standing as the Army and Navy, you'd have to have a similar Constitutional description.

    Of course, the USAF could be re-absorbed back into the army, and there'd be no issue.

  10. #20
    Sage
    Gibberish's Avatar
    Join Date
    Oct 2005
    Location
    San Diego, CA
    Last Seen
    12-23-12 @ 08:29 PM
    Gender
    Lean
    Moderate
    Posts
    6,339

    Re: Is the U.S. Air Force Constitutional?

    Quote Originally Posted by Goobieman View Post
    The "simple re-organization" as you state it is exactly what happened.

    The Army and Navy are Constitutionally described branches of the US military. To create another branch with the same standing as the Army and Navy, you'd have to have a similar Constitutional description.

    Of course, the USAF could be re-absorbed back into the army, and there'd be no issue.
    So Congress can create a branch of service, as long as they initially create this new branch under the umbrella of a current branch and then re-organize it to it's own branch?

    If so, is it OK for Congress to openly use such Constitutional loop holes?
    Last edited by Gibberish; 06-22-09 at 12:10 PM.
    "Gold gets dug out of the ground in Africa, or someplace. Then we melt it down, dig another hole, bury it again and pay people to stand around guarding it. It has no utility. Anyone watching from Mars would be scratching their head."
    - Warren Buffett

Page 2 of 7 FirstFirst 1234 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •