The army and navy are each separately authorized in Article I, Section 8.
Nothing there, or anywhere, about an air force.
And what about those state national guards, eh?
The constitution says the states can keep militia.
You think the NGs are a militia?
Pshaw.
The states are denied the power to keep troops or ships of
war in time of peace.
You deny the NG's are troops?
You deny the NG's are troops?
But apparently the states can have their own air forces, since any power not denied them or attributed to the general government in the constitution is legitimately theirs.
Oh, all right.
The 10th is not strictly relevant, the power in question not being undividable.
But they can have their own air forces, all the same.
Oh, all right.
The 10th is not strictly relevant, the power in question not being undividable.
But they can have their own air forces, all the same.
If you're going to be a textualist you have to stick to the text.
Let me know when Scalia demands the US Air Force be disbanded.
No comments:
Post a Comment