Posted on 01/29/2011 9:23:27 PM PST by Jet Jaguar
The Virginia National Guard could still exclude gays from service once federal regulations repealing the military's "don't ask, don't tell" policy are issued, but it would likely lose its lifeline of federal funding, according to an opinion issued by Attorney General Ken Cuccinelli.
The opinion, released Friday, came in response to a request by Del. William R. Janis, R-Henrico, and on the heels of House Bill 2474, submitted by Del. Robert G. Marshall, R-Prince William, that would keep in force the current "don't ask, don't tell" policy in the Virginia National Guard.
Cuccinelli issued another opinion Friday advising that two budget amendments proposed by Gov. Bob McDonnell — providing a total of $1 million in funds to two charities — were unconstitutional.
Janis wanted to know whether the Virginia General Assembly has authority to mandate a continuation of "don't ask, don't tell." Cuccinelli said that he was unable to specifically address the issue because the federal regulations repealing the policy have yet to be issued.
However, he said that while the states have the power to appoint officers to the state militias, including the modern National Guard, the power to determine which Guard officers are eligible for service in the overlapping National Guard of the United States rests with Congress.
Cuccinelli said Congress, through its spending power, can condition the use of federal funds on a state's acceptance of "don't ask, don't tell." "Should the General Assembly wish to avoid the conditions attached to these funds, it can raise, equip and fund an independent Virginia militia entirely from state revenues," the opinion said.
That prospect is unlikely, say officials, given that the overwhelming majority of funding for state guards is provided by the federal government.
After Marshall proposed his bill, the gay-rights advocacy group Equality Virginia said on its
(Excerpt) Read more at 2.timesdispatch.com ...
Stop taking Federal money. It is always used for blackmail.
Yep
So, basically, all State National Guards are a Federal standing army...
No, they are funded by the states, until they are called upon by the federal government.
The Governor and the state house fund them.
That’s right. You could fund a state militia at much reduced levels from state sources - in this case, about 5% of the current level. But the militia would be truly a state creature and not subject to call up for federal service and especially not for overseas deployments.
Well, a state militia would not be deployable overseas, right? At least not with nationalizing said unit. If enough states opted out, taking over the equipment by eminent domain, it would put a real hole in the current scheme of things and that’s bargaining power.
Reducing available forces and intentionaly throwing a wrench in your armies forces supply chain has the potential of causing additional dead Americans on battlefields. I would hope if the VANG eshewed Federal funding they would not play political games with war. But on the other hand the VANG troops would not have to serve in a foxhole 8,000 miles from his lover/wife next to a guy having the best sexual experience of his life in a platoon full of lonely guys. Yeah, that couldnt be a recipe for unit discohesion....sarc. (like it was needed)
You are exactly right! Blackmail! That is exactly what it is!
Bargaining power was the key point. You don’t need to yank the forces offline right away but rather set a date certain (Obama LOVES pullout dates, don’tcha know!) that the VA militia ceases to be the VA Guard and have a few other states follow suit.
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