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June 6th, 2009 at 4:04 am Recommend (0) | Report Abuse

#54 – SaSa Says:
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June 6th, 2009 at 7:32 am

Is anyone else sick and tired of these links to foreign personal hook-up sites?

Why does TP take so long to address these posts, even after they’ve been reported as abuse? I’ve seen these links stay up for days before they’re addressed!

How long can a “period of national emergency” last, realistically? I mean, after a certain point, doesn’t it just become the status quo and thus, no longer an “emergency”?

Stalin comes to mind, for some reason here…

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misscoleopteramolly Says:

It’s a pity our last administration poisoned that well, isn’t it?

In my opinion, that sort of thing would be a poisoned well whether Bush did it or not.

But Dogfather’s post at 46 is an even more important point. It would require a separate executive order for every single outed homosexual in the military who turned up.

However, then he’d have to claim that it was essential to national security to have gays in the military. And I don’t think he could really make that case without really stretching. It would be a very Republican way to behave, claiming extraordinary powers based on a lie.
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It’s a pity our last administration poisoned that well, isn’t it?

Seems that nickels for anti-gay posts aren’t being payed these days. For a while there it looked like the Army and Marines had a division of keyboard commandos, and they was some ugly dumb-fcuks.

I am VERY glad that Obama does not act like the executive branch is more powerful than Congress or the Judiciary

This needs to go through congress, not be a decree from the President.

Despite Bush and Cheney’s attempts to dismantle it, this IS still America.

Thus, § 12305(a) doesn’t authorize the President to issue an Executive Order suspending the application of DADT to everyone to whom it might apply; there has to be an individualized finding and an individualized Executive Order for each member of the service to whom DADT might apply. I doubt there’s a lot of time in the President’s day to be dealing with thousands of such Executive Orders — so I have no doubt that he’s working with Congress and the DoD to come up with legislation rescinding the policy as a whole by amending the statute.

Maybe bold might help this time?

HE CANNOT JUST ISSUE AN EXECUTIVE ORDER REPEALING THE BAN WITHOUT UNDERLYING LAWS BEING DEALT WITH.

For christ’s sake how many times does this have to be said? This is not the Bush administration. We did not elect a Legislature in Chief. If he were to act like Bush and simply “order” the law repealed, one he could be reversed and two gays would not be able to server PERIOD.

Apparently our oxymoronic friend doesn’t know to read or really does enjoy regurgitating the same crap. Stop trying to smear Obama about something you obviously have no clue works.

ConservativeForProgress Says:

El Bruce: It has already been determined to be a period of national emergency which is why “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.” You have to read those sections.

As ElBruce said, to act as you demand the president act, he would have to behave like a Republican. This “period of national emergency” was determined by a Republican administration as a means to maintain manpower levels without having to consider the third rail of military policy (the draft) and in order to justify countless other “extraordinary powers”.

How long can a “period of national emergency” last, realistically? I mean, after a certain point, doesn’t it just become the status quo and thus, no longer an “emergency”?

You have to read those sections. There is no requirement that he find that “it was essential to national security to have gays in the military.” Those words appear nowhere in the statute.

Read again:

…or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States.

The “who” in this hypothetical scenario would be teh gays.

Jeez, quit playing the “those words don’t appear” game and learn to read things for reals.

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Zooey Says:

C4Pee is all over the map today, ain’t he? *yawn*

He’s trying to make us mad at Obama.

34. Yes, he can. 10 U.S.C. § 12305
June 5th, 2009 at 3:19 pm

C4Pee is all over the map today, ain’t he? *yawn*

29. You are correct that DADT was codified in 10 U.S.C. § 654. You and Zooey are correct that the only way to permanently get rid of it is through Congress. However, the Pres. can immediately suspend its enforcement through powers granted to him by 10 U.S.C. § 12305.

He could, he could:

(a) 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.

However, then he’d have to claim that it was essential to national security to have gays in the military. And I don’t think he could really make that case without really stretching. It would be a very Republican way to behave, claiming extraordinary powers based on a lie.