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To: Mobile Vulgus
Unconstitutional. Separation of powers. Congress can't tell the commander-in-chief what he can and can't do with running the military. The president might as well sign an executive order banning the Congress from giving press conferences on TV.

-PJ

9 posted on 06/11/2008 10:04:36 AM PDT by Political Junkie Too (Repeal the 17th amendment -- it's the "Fairness Doctrine" for Congress!)
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To: Political Junkie Too
Unconstitutional. Separation of powers.

Unfortunately, you are incorrect.

THE UNITED STATES CONSTITUTION, Article. I., Section. 8., [Congress shall have the power] Clause 14: To make Rules for the Government and Regulation of the land and naval Forces;

What Congress may not do is restrict a military member's rights as a private citizen that cannot be judged to have any impact upon that individual's military membership, unit, chain of command or fitness for service. Unfortunately, again, there isn't much except voting that Congress is not empowered to regulate concerning the military and its members.

Within the Federal Government, all that could possibly keep this power in check is an Executive branch's refusal to enforce such (which could result in impeachment) or judicial declaration of transgression of separation of powers. Such judicial pronouncements have, in the past, been extremely few and far between.

Fortunately, the most powerful restraint upon Congress remains in effect: the average American voter. I doubt that the majority of average voters, if truthfully informed, would keep in office any Congressional incumbent who would vote for such a measure as cited in the beginning of this thread.
28 posted on 06/11/2008 10:29:37 AM PDT by Lucky Dog
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To: Political Junkie Too
Unconstitutional. Separation of powers.

Beat me to it. Absolutely.

42 posted on 06/11/2008 11:11:55 AM PDT by AndyJackson
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