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NEWS: American Ban on Military Recruiters at Colleges

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posted on Nov, 30 2004 @ 10:02 AM
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The American Third Circuit Court of Appeals (Pennsylvania, New Jersey, Delaware and Virgin Islands), ruled that "Universities may bar military recruiters from their campuses without risking the loss of federal money"

There is much more than just money at stake with such a ruling. Now that the military may no longer recruit at a College or University that bars them or relegates the recruiters to specific areas the potential officer corps pool will shrink. This type of ruling by activist judges negates specific congressional action in 1995 known as the Solomon amendment mandating a witholding of federal funds from colleges and universities that discriminate against military recruiting.
 



www.usatoday.com
Billions of dollars are at stake, and no university has been willing to defy the government. Indeed, several law schools that are members of one of the groups that sued to block the law, the Forum for Academic and Institutional Rights, have not been publicly identified. Among the institutions willing to be named are the law schools of New York University and George Washington University. The law faculties of Stanford, Georgetown and several other law schools are also in the group.
A spokesman for the Justice Department, Mark Corallo, said no decision had been made on an appeal.
"The United States continues to believe that the Solomon Amendment is constitutional," Mr. Corallo said. "We believe that Congress may deny federal funds to universities which discriminate and may act to protect the men and women of our armed forces in their ability to recruit Americans who wish to join them in protecting their country."
-further in the story-
"Now every academic institution in the country is free to follow their consciences and their nondiscrimination policies," Mr. Rosenkranz said. "Enlightened institutions have a First Amendment right to exclude bigots. In a free society, the government cannot co-opt private institutions to issue the government's message."


Please visit the link provided for the complete story.


In a ruling that denies the U.S. military the right to recruit on campuses receiving federal funds judges have handed anti-war forces a major win. What the U.S. administration will do now to support its military remains to be seen. This action by judges overturns a 1995 law passed by the American congress mandating a loss of federal monies from institutions that deny equal access to military recruiters (Solomon amendment to a Defense bill). One of the mantras of the recent presidential race thrown out by both President Bush and challenger Kerry was that judges should enforce law not write new law. This recent ruling by a conservative court will test President Bush's resolve.

The door has been thrown wide open for American colleges and universities to demand federal monies continue for all manner of programs while allowing those same recipients to deny military recruiters. What the impact of this latest anti-military ruling will be remains to be seen.

This can not bode well for American administration policies or the military in general. No word has surfaced as yet regarding ROTC (reserve officer training corps) on the same campuses. Many colleges remained anonymous during this law suit fearing a backlash from alumni and the government.


Related News Links:
www.cnn.com
www.boston.com
www.nylawyer.com

[edit on 30-11-2004 by JoeDoaks]

[edit on 11-30-2004 by Zion Mainframe]




posted on Nov, 30 2004 @ 02:10 PM
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I suppose this will have more impact on the Air Force and Navy sectors of the military than say for the Army or Marines. I know for myself that everyone that I knew that went to the military right out of High school either jined the army or marines. However some of them go to college for officer training or whatever so that they may get into a good ranking position in the Navy or airforce. I don't know too much about the military really, so anyone who does could you post your response to this move?



posted on Nov, 30 2004 @ 02:16 PM
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Good Post Joe.

What an asine law. If the universities ban one group then have to ban them all. Private universities can I guess but should not expect federal money. Way to go to all those groups that sued. The very rights that allow you to do this depends on the ability of our military to stay strong. The officer corp is the one of the keys to this.

:shk:



posted on Nov, 30 2004 @ 02:45 PM
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You mentioned that:



What the U.S. administration will do now to support its military remains to be seen.


My girlfriend got a call from a US Army recruiter last night. He was using her enrollment at a local community college as a pretext to recruitment.

This will probably make the telephone the most important tool in the recruitment effort. I think that's a good thing too because I met with a recruiter over a decade ago when I was graduating high school and he was dumber than a box of rocks. I decided not to go ROTC because he made me realize that decisions surrounding my life and death would be made by similar idiots who outranked me. The guy on the phone last night didn't sound that much more intelligent, but, at least, I couldn't see the idiot expression on his face when he spoke.

**This post is not to say that all ranking military officers are idiots, just the ones in the recruitment offices.



posted on Nov, 30 2004 @ 05:00 PM
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Thanks Fred-
The “thing” that struck me as the most absurd was that the colleges/universities still get federal monies.

Another absurdity (to my thinking) is that judges ruled the existing law null (unconstitutional) to allow this. Didn't Bush rally around and posture greatly against activist judges?

some of the participants
“Joining FAIR in its preliminary injunction . . . Society for law Teachers, Inc., Coalition for Equality, Rutgers Gay and Lesbian Caucus, law professors . . . .”


Now methinks this is even further absurdity. These same organizations would be screaming to high heaven if the colleges/universities denied them the same rights the military just lost. Coalition for Equality doesn't even live up to its own name. Gay and Lesbian Caucus- what on earth are they thinking? They are mad because the military doesn't accept them as full participants?

Circuit Judge Aldisert dissents from this 2-1 ruling. His dissent (above URL) may prove educational to all. This judge clearly sees the arguments and the ruling as wrong.

American federal judges have a secure job. Only in the most extreme could one be removed. Here, the government itself has not made a decision to appeal or not. I presume (?) a little off the record “what do you think” will occur with the Solicitor General first.

Many Americans do not know that the Solicitor General of the U.S. screens all government appeals before sending any to the Supreme Court. This causes the Solicitor to be more like a 10th Justice than many realize. This in effect explains why most government appeals win.

The Supreme Court page itself explains that all cases are screened by the clerks prior to the Justices further screening the cases. I suspect many Americans are unaware of the workings of their own national court system.

Each Circuit is assigned to a Supreme Court Justice. Exactly what effect this has I am unclear.

This ruling from the Third Circuit (Pennsylvania) may be one more reason Ridge (ATS thread) decided war needed to be fought at home rather than nationally. The Third Circuit needs a thread of its own, to expose and beat up some of their rulings.

The Pentagon will hopefully remove all research and other monies from these institutions so that these institutions are not further offended from taking monies that support the National Defense.



posted on Nov, 30 2004 @ 05:08 PM
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seems kinda fishy to civilians, but to most vets i'd say they know that a draft will soon come in. So i wouldn't be surprised if they really did start drafting people.



posted on Nov, 30 2004 @ 05:10 PM
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This doesn't seem to make sense...the college still get money from the DoD, but the recruiters can't do their jobs?

They should definitely be allowed there...the military is a wonderful place to get money for college, in return for serving one's country. Some people don't realize that, and they need to be shown and given the opportunities they deserve.

Not surprising to see some of those participants on there...its like they have a personal vendetta against the military and they're trying to act on it any way possible. Demeaning our troops isn't enough, they have to deny opportunities to other students. And you know they'll be whining even worse if the draft is reinstated. I hope stupidity isn't contagious.



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