The Glade 4.0

BREAKING on "don't ask, don't tell"
By:
(CNN) - The federal government requested an immediate stay, pending appeal, of a federal court injunction of the military’s policy barring openly gays from serving.

Although President Barack Obama has stated his view that the current law is discriminatory, the administration also has said Congress, not the courts, should change the law allowing openly gay individuals to serve in the armed forces. The Justice Department says that it defends all laws of Congress in court.

...we have the spectacle of a district court issuing a ruling for the entire nation rather than just its jurisdiction.

While I don't disagree that the Supreme Court should hear it, a Federal District Court's "jurisdiction" includes constitutionality of laws. When they make a ruling, it does not only affect the area in which they are physically located, they are Federal Courts, their rulings affect the nation. Both the Constitutional issue and the Diversity issue make this fall under Federal Court jurisdiction..

Facism is not a school of thought, it is a racial slur.

Aside from the fact that courts below the USSC other than military courts should not be ruling on unternal military matters, period, and the fact that what is and isn't militarily effective is not a question for the courts in the first place since judges are eminently unqualified to rule on it, we have the spectacle of a district court issuing a ruling for the entire nation rather than just its jurisdiction.

Section 8.

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Facism is not a school of thought, it is a racial slur.

reserving to the states respectively, the appointment of the officers

Really now ...

SOURCES OF LAW:

1. Article 1, Section 8, Constitution of the United States - 1787 (See Appendix 1, MCM): The Congress shall have Power...To make Rules for the Government and Regulations of the land and naval Forces

That doesn't provide for those rules to violate any other parts of the constitution.

Wow, you became an expert in military law in .. what, 11 minutes?

You're good!

Where were you when people were being ordered to surrender their lives for their country?

"Take that hill"!
"uh.. no, Taly says I don't have to".
"Oh, silly me... I don't know what I was thinking".

Military law is not somehow exempt and separate from the highest law of your nation.

Yes, really really.
http://www.dod.gov/dodgc/jsc_business.html

Facism is not a school of thought, it is a racial slur.

Problem is I gave you the full text of Article 1 Section 8 ...

So where the hell is this exemption?

Facism is not a school of thought, it is a racial slur.