Biden says gay marriage ‘inevitable’.

Is the executive and legislative branch using the military for social legislation it can’t otherwise achieve? The order by Judge Phillips in October made headlines about the controversial military policy of DADT. But the opinion was by and large moot.

The executive branch has more control over military policy than social policy. However, the military has historically been separated from the citizenry in many ways. An unofficial doctrine is that soldier’s wave their constitutional rights when joining the military. In reality they merely accept the jurisdiction of the military courts.

With Biden speaking of the legislative ‘win’ in terms of its affect on a broader social policy, that it will “eventually will bring about a national consensus for same-sex marriage”, I have to question if that is the primary motive?

If accurate, the military is being misused yet again. Worse, it is actually more of a case about the constitution being abused, misused and neglected. The branches of government have basically conferred upon itself an extra power to influence social policy. By misusing the military in this fashion to make a political and social statement is a further example of the executive branch flying outside the envelope.

Whether it is line item veto or Cheney’s unitary executive, the executive branch has clearly exceeded its constitutional imprimis.

The central point is not whether the actual policy of DADT is deleterious or not but rather that the military is misused and disregarded in effect. It is but another reason against having a permanent standing army or a career military at all.

pride and prejudice: during a signing ceremony for ‘don’t ask, don’t tell’ repeal legislation

It should be harder, more difficult for the branches of government to use or abuse what power they think they have, not easier. Their decisions and actuating the affect of those decisions should come at a severe sacrifice. Thereby, making such decisions fewer and far between. Less war, less intervention in affairs both foreign and domestic of any type.

We have to go way back to the dreadful Marbury v. Madison decision to see how ‘judicial review’ made the supreme court opinions binding, the “law of the land” and kill off the Thomas Jefferson supported “compact review” resulting in judicial despotism. With each branch of government usurping more power from the people and the states we end up with law that is twisted, and power that has become corrupt. Whether it is anointing a president in 2000 or a compulsory social agenda, the supreme court, executive, and legislative branches are fire hoses out of control.

listen to Ron Paul, once again, discuss how the government is out of control

This is one example that shows the beatnik philosophy of conservatism that supports a strong federal government that bites them when the are not looking, because they do not know where to look at the same time with contemporary short-sighted utilitarian equality liberals.

While the motive here has little to do with improving the military, the affect of this policy will provoke far greater social fracturing than impede or improve military effectiveness.