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Purely procedurally, what will it take to rescind Don't Ask, Don't Tell?

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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-08-09 04:52 PM
Original message
Purely procedurally, what will it take to rescind Don't Ask, Don't Tell?
Does it require a Constitutional Amendment? (I know it doesn't :eyes: )

Does it require a vote of Congress? If so, does that mean House and Senate bills and then conference and then final vote?

Can it be done by presidential order?

Can it be done by simple DoD order?

Just what is the procedure to change DADT?






And, even without a change, can someone just say "stop enforcing it" until we DO change it? Clearly some people still have a hard on about this bullshit (witness that NY Guardsman who was on Maddow's show who was just fired).
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-08-09 04:59 PM
Response to Original message
1. It requires a vote of Congress and the attendant items.
A conference is only needed if the bills in the House and Senate are different.

Theoretically, it MIGHT be possible for the President to tell the top lawyer at the DOD to cease enforcement of the clause. However, two problems. One, I don't know if Obama HAS a top DOD lawyer yet. Second, I'm not sure if a no-enforcement order like that would actually be legal or possible based on existing laws.
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-08-09 05:07 PM
Response to Reply #1
2. I'm going waaaaaaaaay out to the end of the limb here ..........
..... and betting that if they didn't want that guy fired, they could have stopped it.

I don't know how.

I'm betting they could have.
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-08-09 05:10 PM
Response to Reply #2
3. That's an awfully big assumption to make...
...When you consider Obama was just on the record, in his own handwriting, promising a lesbian soldier that they were working on changing the policy.
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MikeE Donating Member (637 posts) Send PM | Profile | Ignore Fri May-08-09 05:11 PM
Response to Reply #1
4. Another problem if the President just orders them to stop...
is that it would only last as long as the Obama presidency. The long term solution is an act of Congress.
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-08-09 05:14 PM
Response to Reply #4
5. Oh, clearly that's true ... my thought was a way tos top it now while we get it changed permanently
To paraphrase John Kerry from decades ago ....... How do we ask a gay person to be the last one to be fired for a stupid law?
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-08-09 06:15 PM
Response to Original message
6. So if they just stop enforcing DADT -
does that mean they can just start killing queers with impunity like they did in the good old days before DADT.
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-08-09 07:07 PM
Response to Reply #6
7. Get a grip
Read this thread and then see if you still think anyone is advocating that.
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