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Under which of the "foregoing powers" was the USAF created?
The issue is the constitutionality of the creation of the force itself.
If you create an organization as an equal to the the two branches of the military described by the Constitution without the specific power to do so explicitly stated in the Constitition, then your action is unconstitutional.
Yes... and as I asked:As I said, the US Air Force was created by the Elastic Clause (Article I, Section VIII of the Constitution). Sometimes called the "Necessary and Proper Clause", Congress has the power to do whatever is "necessary and proper" to carry out its enumerated powers....
None of that matters -- you cannot create it as a branch of the military, equal to the army and navy, throught any means, w/o the Constitutionally mandated power to do so.I get that but is it unconstitutional of the branch was originally part of the Army or Navy, is reorganized as a separate branch later and becomes equal or greater then the Army or Navy?
Technically is wasn't created as a organization equal to. It was re-organized become equal over time.
None of that matters -- you cannot create it as a branch of the military, equal to the army and navy, throught any means, w/o the Constitutionally mandated power to do so.
One of two things:So what happens with the Air Force? It is just as large as the Navy now and is structurally an independent branch.
"Elastic Clause" aye? I hope you're not implying that spandex is a Constitutional right, 'cuz you and I are gona have some words....
Yes... and as I asked:
Which of the "foregoing" enumerated powers allow for the creation of the Air Force?
I use the term "foregoing" as that is the term used in the clause itself, though you clearly understand that the term refers to the enumerated powers listed elsewhere in Article I Section 8.
I find it rather amusing, you trying to lecture me on the Elastic Clause.
Wow. I'm impressed.I'm sorry, I should have been more clear. I said the Air Force is Constitutional because of the Elastic Clause. Why did I say this? Because I took a Constitutional Law class, and the professor - a Cornell Law graduate - quoted this from the textbook, which was written by - you guessed it - a bunch of lawyers well-versed in Constitutional law. My professor got paid for spending day in and day out studying the Constitution. The lawyers that wrote the book got paid for spending day in and day out studying the Constitution.
Wow. I'm impressed.
News: So did I. That's why I asked you the question I asked you -- becaise in MY class, we were taught to think for ourselves, rather than simply swallow what was fed to us.
Answer the question:
Which of the "foregoing" enumerated powers allow for the creation of the Air Force?
Then, if I were you, I'd question the information you just presented me.Couldn't tell ya
Then, if I were you, I'd question the information you just presented me.
See, if you went to a good school and/or had a good professor, you would have been taught to think critically, including doing things like asking questions like "where is -that-found in the Constitution"?. Otherwise, you're just taking someone else's word for it -- which isn't a very intelligent thing to do.
Y'ought to check into getting your tuition money back.
Obviously not.There's no need. I went to a great university...
Obviously not.
But hey -- be proud of your non-critical thinkning skills.
A thank-you for what?A simple "thank you, Singularity" would have sufficed, but you're welcome.
A thank-you for what?
Exposing your 2nd rate education?
Well, OK... thanks!
No... bevcause your 2nd rate education tought you only to swallow what was fed to you, you do -not- know that - as evidenced by your response to my question.No problem. Fortunately for me and my "second rate education", I knew that the Air Force is Constitutional.
No... bevcause your 2nd rate education tought you only to swallow what was fed to you, you do -not- know that - as evidenced by your response to my question.
The fact that you cannot answer my question provides all the support I need:Well, if you can provide a link from a credible source like I did to support your argument, I'd love to read it.
The fact that you cannot answer my question provides all the support I need:
-You rest your premise on the elastic clause.
-To operate, the elastic clause requires a 'forementioned power'.
-You cannot cite any such 'forementioned power'.
Thus, the elastic clause cannot operate; your premise fails.
Yes... which gets back to your failure to think critically.I see it the way they do.
Sorry -- foreGOING power, not foreMENTIONED power.However, one error you made is in saying that the elastic clause requires a 'forementioned power'. The elastic clause states that Congress can "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers", not that it requires a forementioned power to operate per se.
Gee. That was original. :roll:However, if you are insistent upon a forementioned power, then one has to look no further than the very same article to see "To raise and support Armies", which is a forementioned power. Since the Air Force can be interpreted as an 'army of the air', then there you have it.
Yes... which gets back to your failure to think critically.
Sorry -- foreGOING power, not foreMENTIONED power.
The Elastic Clause requires a specific power allocated to Congress to be operable. As previosly noted, you cannot specify that related power, and so your Elastic Clause argument fails.
If the elastic clause did NOT require a specifc foregoing power to be operable, then there's be no need for ANY specific powers to be given to Congress. That there are numerouns spowers allocated to Congress nillifies this argument through the canon agains surplusage.
Gee. That was original. :roll:
By your reasoning, specifying the power to create the navy was redundant, as a navy is just an 'army of the sea'.
Again, the canon against surplusage nullifies this argument.
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