Monday, May 10, 2010

Article 1, Section 8 and Elena Kagan.

President Obama has nominated Elena Kagan, our current Solicitor General, for the US Supreme Court in replacement of Justice John Paul Stevens, who announced his retirement a few weeks ago. Members of the Main Stream Media and the New Media have been pouring through Elena Kagan's legal background, and one item caught my attention.

Before being appointed and approved as the US Solicitor General last year, Ms.Kagan served as the Dean of Harvard for several years, during which she led a protest against the United States Military and incorrectly wrote that it violates the First Amendment to withhold funds from colleges that ban the Military from recruiting on campus.

Thankfully the US Supreme Court disagreed unanimously, and sided with the United States Government on withholding public funds from Universities that banned Military recruitment. Infact, I wonder if Ms.Kagan has ever read the United States Constitution, especially Article 1, Section 8, Clause 12.

(Remember: Article 1, Section 8 deals with what Powers the United States Congress has)

Article 1, Section 8, Clause 12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two years;

The United States Constitution has ordained Congress with Powers to raise and support Armies, recruiting on Universities, if approved by both Houses of Congress, is one hundred percent Constitutional, and no University has the right to ban such recruiting; through "public statements" or otherwise; the argument that a University can, is a complete falsehood.

Elena Kagan has already removed herself from the supposed "mainstream" of Judicial opinions with her opposition to Military Recruiters on Campus, while touting the false claim that withholding funds from Univerisities that banned recruiters was in violation of the First Amendment, once again, false, through and through.

Senate Republicans: This woman must be stopped at all costs from serving on the United States Supreme Court.

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