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To: elbucko; muawiyah
Congress CAN "interfere" with military justice. In case you haven't noticed, Congress makes ALL the rules. It's in Section I, of the US Constitution.

Since it is codified as Title 50, Chapter 22 of the United States Code, the UCMJ goes through the same process as any other legislation.

To "change the rules," Congress must (a) pass legislation through both the House of Representatives and the Senate, and (b) either obtain Presidential approval of the change, or override the President's veto.

In case you didn't notice...Congress didn't do any of this.

46 posted on 11/21/2003 5:01:06 PM PST by Poohbah ("Beware the fury of a patient man" -- John Dryden)
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To: Poohbah
Ah, hah! But Congresscritters can "investigate". Interesting that you want to interpret that as "command interference".

If the military is part of the Executive establishment, then Congress cannot, by definition, be involved in "command interference".

Congress should be required to get involved in this stuff more often.

48 posted on 11/21/2003 5:05:00 PM PST by muawiyah
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To: Poohbah
In case you didn't notice...Congress didn't do any of this.

In case you didn't notice....Congress can do any of it, if it so desires. BTW, Congress writes the US Code. If it wants to rewrite T50/C22, it can. The point is, is that the Constitution made Congress the overseer of the country, military and all. It can declare war or impeach a president or a SCOTUS justice. Congress has been given the duty of "oversight" by the Constitution. There is no separation of powers issue here.

156 posted on 11/22/2003 12:43:33 AM PST by elbucko
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