Why does Obama have to enforce DADT? Why can't he suspend enforcement pending review?

[riderinthestorm]

Can anyone answer me why he MUST continue to kick out glbt service members when DADT appears to contradict the 14th Amendment and certainly needs review? Why can't he suspend enforcement until Congress takes action?

[Vincardog]

1. He could, but he is too much of a politician to do it, He could push for an independant proscecutor

but he is too much of a politician to do it,
He could push for universal single payer health CARE
but he is too much of a politician to do it,
He could lead the charge for open clean elections,
but he is too much of a politician to do it,

Why is that?

[lostnotforgotten]

2. Because Deep Down - Obama Is Proving To Have Little, If Any, Political Courage

eom

[Teaser]

22. award ceremony

[HiFructosePronSyrup]

3. I don't think the president has that power.

The president has the power, for example, to tell the justice department to quit wasting time investigating medical marijuana operations. But if some random stoner were walking down the street smoking pot in front of a cop, the cop would be legally obligated to arrest him, book him, and then it'd be a matter of the courts, and Obama would have no legal business getting involved.

Now if the federal authorities were spending time investigating the military ranks looking for homosexuals, Obama would certainly be in his authority to stop that. But if a troop tells his CO he's gay, and the CO refers that to whatever judicial system the military operates under, it's none of Obama's business.

This is entirely a matter for Congress.

[Baby Snooks]

6. Actually he does have the power...

http://www4.law.cornell.edu/uscode/10/12305.html

He could not only stop it during his term in office but also force Congress to change it during his term in office. Just by picking up a pen.

But he knows Congress won't change it on its own. So he can blame Congress. He supports equality. Congress doesn't.

We have changed emperors. The emperor still has no clothes.

[HiFructosePronSyrup]

7. Your link doesn't work.

Probably doesn't say what you think it says anyway.

[Zenlitened]

9. See also:

§ 12305. Authority of President to suspend certain laws relating to promotion, retirement, and separation

...the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States.

Link:
http://www4.law.cornell.edu/uscode/10/12305.html

[Zenlitened]

27. *sound of crickets*

:shrug:

[stevenleser]

33. See my #32 n/t

[snowdays]

19. YES HE DOES. see this....

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=103&topic_id=447832&mesg_id=447832

[Honeycombe8]

29. O is not kicking out any members of the military. Silly post.

Does he have authority to change the law by executive order, like Bush did? I don't know. But I guess if the President does it, it's not against the law. Right? (where have I heard that before?)

Seriously, I don't know if he has the right to change the law by executive order. But to force the military to do something that they don't want to do or which alters the number of people signing up, in the middle of a war and near the end of a second war....that doesn't sound smart. And O is smart.

[riderinthestorm]

30. Yes, he actually is tacitly agreeing to kicking out members of the military right now.

He does have the authority (as posited elsewhere when Truman did it) to issue an executive order to change this law but even more so, there's a legal statute that enables Obama to suspend enforcing this law while it's reviewed (and presumably changed).

Changing this law and forcing the military to finally acknowledge it's gay membership isn't only smart, it's the right thing to do. Obama is being an ass about this and completely stupid if you ask me.

You can try to compare Obama to Nixon all you want but that doesn't make it true.

[Phx_Dem]

4. If a President can suspend any law that he doesn't like, I guess Bush

can't be prosecuted for torture since he could say he "suspended" that law in the interest of national security. He also could have suspected the law against spying on U.S. citizens. Where does it end?

[Thrill]

5. Now a President can just decide he wants to suspend laws passed by Congress and signed into law?

Where do you get this nonsense?

[Zenlitened]

10. See:

§ 12305. Authority of President to suspend certain laws relating to promotion, retirement, and separation

...the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States.

Link:
http://www4.law.cornell.edu/uscode/10/12305.html

[Political Tiger]

16. Where would it end?

Let's say DADT is repealed....and then 8 years from now we get a puke president....a President Palin.....then she could suspend the repeal of DADT. Is this the road we want to go down?

Obama knows what he is doing. He's looking for a permanent solution, not a quick fix to satisfy the base.

[riderinthestorm]

20. The President could stop enforcing the law while Congress changes it.

That's all. Why can't he do that? Two birds with one stone? GLBT military members get to stay in, we get a permanent solution.

[Zenlitened]

21. This gives him authority to halt discharges...

... while Congress does the work of repealing DADT.

As for a future president suspending a law that Congress wiped off the books... huh? :shrug:

[riderinthestorm]

14. To you and Phx Dem, I say that DADT is in contradiction to Amendment 14 of our Constitution

and there's clearly enough of a contradiction that I don't think it's unreasonable to suspend the enforcement of DADT while Congress re-visits the law.

Also, as I stated before, we have selective enforcement every single day, on many different laws. This is clearly discriminatory so why does he have to go all hard-assed on enforcement?

[vaberella]

8. It's congress. At this point yell at your congressman and in this I hold NP

for not moving and shaking things up.

[Zenlitened]

11. See:

§ 12305. Authority of President to suspend certain laws relating to promotion, retirement, and separation

...the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States.

Link:
http://www4.law.cornell.edu/uscode/10/12305.html

[LostinVA]

13. You got it

[vaberella]

24. Thanks for the link and the quote..

I did not know that.

[Zenlitened]

26. You're quite welcome. I didn't know, either...

... that the rule was on the books in such plain and simple language... until I saw it posted in the GLBT forum!

:hi:

[LostinVA]

17. The President of the United States has one hell of a lot more influence with Pelosi and Reid

Than I do.

[stevenleser]

32. You guys realize that the law you are quoting is meant for specific instances, right?

It's not meant as a means for a President to implement a blanket change to discharge and/or separation policies. It CAN be used to stop the discharge of Arab language speakers, as they would clearly fall within "national security reasons" but even that is opening up a can of worms in terms of equal protection, etc.

I hear you that you believe that he is not doing enough quickly enough. But the existance of this law is not proof of that.

[snowdays]

18. you are just repeating what Pres Obama is essentially saying

[vaberella]

23. I'm repeating the fact that he shares power. He doesn't have absolute power.

You'd go to a country that has an active monarchy in place for that or put Bush back in power. But that is in the case of repealing DADT...not suspending.

[SeattleGirl]

25. You'd never guess that based on some posts I read on DU.

Apparently they think that Obama, and ONLY Obama, has any power to do anything.

:eyes:

[Bluebear]

28. He has the power to suspend DADT. That fact is not in dispute, is it?

[LostinVA]

12. He doesn't -- he can suspend DADT -- like a supermajority of Americans want

[snowdays]

15. ** Report: Obama can stop the discharge of openly gay and lesbian service members now

for those who missed this.
All what obama needs is political WILL.


Forum Name Editorials & Other Articles
Topic subject Report: Obama can stop the discharge of openly gay and lesbian service members now
Topic URL http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x447832#447832
447832, Report: Obama can stop the discharge of openly gay and lesbian service members now
Posted by Behind the Aegis on Tue May-12-09 04:39 PM

I would love to see a White House response to the arguments in this study, but I'm sure we'll continue to get chirping crickets. It makes the excuses for why the Obama Administration thinks it can do NOTHING about DADT is pure baloney.
A new report released today, "How to End 'Don't Ask, Don't Tell': A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment," sponsored by the Palm Center at the University of California, Santa Barbara, clearly presents a way the President can stop the discriminatory discharge of gay and lesbian service members without Congress passing a law. It boils down to three points (the full release is below the fold).

1) Under the law "the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States" during a "period of national emergency." The statute specifically defines a "national emergency" as a time when "members of a reserve component are serving involuntarily on active duty."

Check on that front. How many tours have reservist gone on now?

2) Don't Ask, Don't Tell grants to the Defense Department authority to determine the process by which discharges will be carried out, saying they will proceed "under regulations prescribed by the Secretary of Defense... in accordance with procedures set forth in such regulation."

more...

[Jennicut]

31. If he won't suspend it, he needs to pressure congress to end it, NOW.

The only real big disappointment for me with Obama has been his policies regarding gay community (and I am not even gay, lesbian, whatever). He needs to seriously come through on this. Put pressure on Pelosi and Reid to pass it. I am not so sure I like suspending any law (Bush like presidents in the future come to mind) but getting a permanent solution in place should happen soon. The military just needs to deal with it.