You know, nothing in the constitution mentions an airforce...
I had to play devils advocate. Scalia is right, of course, about abortion and affirmative action.
True, but in Art II section 1 It says the Pres must "protect and defend" the constituion.
Excellent point, and I say bring it! I am confident that a constitutional amendment providing for our national armed forces would be easily passed and ratified. Amendments to legalize abortion and to condone institutional racism (affirmative action) wouldn't have such an easy go of it.
Did the Supreme Court establish the Air Force? Or is your statement just a red herring?
Oh wait, you were referring to the "education" comment...never mind.
It does talk about raising an Army, so it could be said that all branches necessary for are protection are in the Constitution.
The Air Force is the product of appropriate Legislation ably brought to fruition via the Executive branch. Your apples vie with your oranges.
that doesn't mean there can't be an air force - that simply means the other two branches can construct a lawful one and implement it without it being unconstitutional.
abortion is not in the constitution - which means the other branches can regulate it - banning it, or legalizing it.
Yes it does. It falls under defence of the country.Abortion does not.Wanna try again?
Doesn't mention a Marines Corp. either.
Or a Coast Guard, or FBI, or Department of Education or appelate or district courts or a page system or an income tax (specifically).
Article I, Section 8: Congress must provide for the Common Defense.
That doesn't make any sense......
The Supreme Court didn't establish an Air Force either.. if they had.. I'm sure that Scalia would be saying "The constitution doesn't mention an Air Force either."
"....provide for the common defense.....".
The Art of War can change from day to day and it is therefore best to describe it in broad terms, as the Constitution does.