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Another death knell for government sponsored bigotry:
Judge: Military's ban on gays is unconstitutional - Yahoo! News (http://news.yahoo.com/s/ap/20100910/ap_on_re_us/ca_gays_in_military - broken link)
Because of the nature of the military, there are a lot of things the military requires of its personnel that would be a ruled "unconstitutional" if applied to civilians. So your charges of "bigotry" against the military are ridiculous.For example, did you know that the military does not feel it is bound by the Disabilities Act?
When the military can fund itself without taxpayer dollars, we'll talk.
SCOTUS does, but I'm fairly sure the government lawyers were correct in their claim that a district judge does not have the authority to make a nationwide federal law.
There are big problems with this decision. Judicial activism by SCOTUS is one thing (highest court in the land plus 9 justices vote on the decision), but there is a much bigger problem with allowing 1 district judge to make federal law.
SCOTUS does, but I'm fairly sure the government lawyers were correct in their claim that a district judge does not have the authority to make a nationwide federal law.
There are big problems with this decision. Judicial activism by SCOTUS is one thing (highest court in the land plus 9 justices vote on the decision), but there is a much bigger problem with allowing 1 district judge to make federal law.
The US Code states that homosexuals have no place in the US military,and a district judge does not have the power to amend the US Code. Both the executive and legislative branches of the United States have declared it law.
The US Code states that homosexuals have no place in the US military,and a district judge does not have the power to amend the US Code. Both the executive and legislative branches of the United States have declared it law.
WRONG!
The Constitution trumps all laws. If a federal judge deems an executive decision, state law or federal law is unconstitutional then it's up to a state attorney general or the U.S Attorney General to appeal that ruling. If the ruling goes through the appeals process which might include the case being argued before the Supreme Court and that judge’s ruling stands then that law or executive order is stuck down and is henceforth null and void.
The United States Constituion is the basis for all laws written in this country. The constitutionality of ANY LAW can be challenged.
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