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To: Arthalion
I can see where he has a VERY valid claim against the Pentagon

He has no claim.

Congress first gave stop-loss authority to the military after the Vietnam War, when the Pentagon faced difficulty in replacing departing combat soldiers. The Pentagon didn't use the authority until 1990, during the buildup to the Persian Gulf War. All four service branches have issued stop-loss orders since then. The Pentagon issued stop- loss orders in November 2002 for Reserve and National Guard units activated for the war against terrorism. The orders remain in effect. A stop loss was issued for active troops in February 2003, but rescinded in May 2003.

24 posted on 08/17/2004 2:31:37 PM PDT by AndrewC (I am a Bertrand Russell agnostic, even an atheist.</sarcasm>)
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To: AndrewC

Stop-losses were issued for military people due to EAS who had NOT reached their commitment of 8 years. He does have a case.


39 posted on 08/17/2004 2:50:36 PM PDT by SwankyC
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To: AndrewC
Congress first gave stop-loss authority to the military after the Vietnam War, when the Pentagon faced difficulty in replacing departing combat soldiers

Interesting. Do you know if this has ever been tested constitutionally? I know that the courts have consistently ruled the draft legal because of the constitutional provision granting Congress the power to raise armies, but you're talking about Congress writing a law that effectively passes that army raising power to the Executive. From a strictly constitutional perspective, I don't see how that kind of power transfer could withstand any kind of Supreme Court scrutiny.
46 posted on 08/17/2004 3:14:53 PM PDT by Arthalion
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