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View Diary: SCOTUS Gets It Right on Military Recruiting (212 comments)

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  •  under this silly "my house" logic (none)
    could  Congress condition funding to mandate that a university provide space for student prayer?

    Could Congress restrict funding to schools that don't prohibit inter-racial dating (ala Bob Jones)?

    Could Congress condition funding of the Defense Department in ways that infringe upon pure executive power, like say, no funding for bullets to Iraq or NSA computers?

    Of COURSE NOT.

    The purposes for and the conditions imposed on the funding themselves need to be constitutional. In this case, the military discriminates. The conditions is bogus as it conflicts with the university policy in a way that DIMINISHES rights and freedoms adn equality.

    •  Actually, (none)
      some legal scholars would argue, as part of the oh-so-scary "Theory of the Unitary Executive," that withholding funding for specific foreign adventures, such as the Iraq war, is precisely how the Founders envisioned Congress regulating the Executive in the foreign policy arena.  

      This view holds that such actions would be perfectly constitutional, but that non-monetary congressional restrictions, such as the War Powers Act, are unconstitutional.  

      This is consistent with the regulating function Parliament had relating to the King of England in the area of foreign policy, i.e. withholding funding from wars it did not like in order to end them and even passing funding conditional on a declaration of war on a specific enemy the King really did not want to fight.  In order to fund the military, this forced the King into the war Parliament wanted but the King did not.  

      More can be found in John Yoo's book that was so controversial during the Alito hearings.  

      P.S.  I went to NYU Law, where the military recruiters were a big issue.  Trust me, the students have ways of getting around this, such as only having gay kids sign up for interviews and then announce their sexual preference at the start of each interview.  

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