Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: auntyfemenist; Roccus; nysuperdoodle; indylindy; 2harddrive
I am not contesting that there is a law saying you are required to register for the draft upon reaching 18 years of age. What I am saying is there is nothing there because:

1) No one has been prosecuted for not registering for the draft by the Federal Government since 1986. Even then the people that were prosecuted were demanding to be prosecuted. The government was forced into the litigation.

2) In January 2009 a federal judge in Boston declared unconstitutional a 1985 law by Congress that bars people from most federal employment if they knowingly failed to register for the draft.

US District Court Judge Douglas P. Woodlock, siding with four men fired by the federal government because they failed to register years earlier, said the law violates a constitutional provision barring the legislative branch from punishing people without a trial.

I conclude that no circumstances exist that would permit Congress, in contravention of the Constitution's Bill of Attainder Clause, to prohibit non-registered males age twenty-six and older from federal agency employment for their lifetimes without judicial decision making, ..... Woodlock said in a 32-page decision.

In January officials from the Justice Department, which is defending the government in the suit, were not immediately available to comment on the ruling.

Obama is now in the White House. Tell me how this issue will ever be litigated in a court of law? There is nothing there.

44 posted on 03/26/2009 12:33:53 PM PDT by hflynn ( The One is really The Number Two)
[ Post Reply | Private Reply | To 30 | View Replies ]


To: hflynn

so what if the documents are forgeries, isn’t that a crime?


46 posted on 03/26/2009 4:02:31 PM PDT by henry_reardon
[ Post Reply | Private Reply | To 44 | View Replies ]

To: hflynn
I'm still interested to know why Obama felt compelled to forge this document.

And...

It's easy to dismiss the claims of forgery of the COLB as right-wing "birther" conspiracy theories, until a SECOND forged document appears.

-PJ

49 posted on 03/26/2009 4:22:14 PM PDT by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
[ Post Reply | Private Reply | To 44 | View Replies ]

To: hflynn
2) In January 2009 a federal judge in Boston declared unconstitutional a 1985 law by Congress that bars people from most federal employment if they knowingly failed to register for the draft.

Big deal. One federal district judge.

But even if upheld, it would just means you would get a hearing or trial before being denied a federal job.

But I don't think it will be upheld. No one has a right to a federal job, and having registered for the draft, if so required, is merely a condition of getting that job. No different in principal than not having the proper degree or certification. Or not being able to demonstarte sufficient typing speed for that matter.

56 posted on 03/26/2009 5:58:59 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 44 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson