A repository for Marcospinelli's comments and essays published at other websites.

Gay Rights Activists Accuse Obama Of Silent Homophobia (VIDEO)

Monday, November 15, 2010


The President took an oath to protect the constitution. The President can not ignore the 'will' of congress. 

Congress passed DADT and the congress has to repeal it. Case closed.

==========­==========­==========­==========­==========­=====

I love it when posters who don't know anything about the law 'punctuate' their comments with, "Case closed".

A group of experts in military law have concluded that Obama can end DADT with the stroke of a pen:

Federal law recognizes that the President and Congress share authority to govern the military. In fact, by law currently in effect, Congress has already granted the President ­authority with respect to military promotions, retirements, and separations in a time of national emergency. This authority includes the power to suspend laws such as 10 U.S.C. § 654. Under 10 U.S.C. § 12305 (“Authority of the President to Suspend Certain Laws Relating to Promotion, Retirement, and Separation­­), Congress grants the President authority to suspend any provision of law relating to the separation of any member of the armed forces who the President determines is essential to the national security of the United States, during any period of national emergency in which members of a reserve co­mponent are serving involuntarily on active duty. The statute states: 


Notwithstanding any other provision of law, during any period members 
of a reserve component are serving on active duty pursuant to an order to 
active duty under authority of section 12301, 12302, or 12304 of this title, 
the President may suspend any provision of law relating to promotion, 
retirement, or separation applicable to any member of the armed forces 
who the President determines is essential to the national security of the 
United States. 

Read the Article at HuffingtonPost

0 comments:

About This Blog

  © Blogger templates Newspaper by Ourblogtemplates.com 2008

Back to TOP