Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair

Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair

Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair

Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair

Synopsis

Rumsfeld v. Forum for Academic and Institutional Rights (FAIR), settled the issue of military recruiting on college campuses. Privott provides the legislative and litigative histories of the Solomon Amendment, and offers a theoretical analysis of the unanimous decision handed down by the Supreme Court. The legislative history provides insight on Congresses Spending Clause authority and tests Jeffrey Rosen’s theory on the role of the Supreme Court in our governance structure. The litigative history describes the First Amendment challenges presented by FAIR, and offers an opportunity to examine the judicial decision making of Chief Justice Roberts through the lens provided by Judge Benjamin Cardozo.

Excerpt

Congress has the power under Article 1 of the United States Constitution to “raise and support armies…” and military recruiting on college campuses is one mechanism used to implement Congress’s Constitutional authority. Article 1 also provides Congress the authority to utilize federal funds for the common welfare of the United States.

In 1990 the American Association of Law Schools (AALS) voted to include sexual orientation as a protected category in law school non-discrimination policies. This vote required its member law schools to withhold placement assistance or use of the schools facilities from employers who discriminated on the basis of sexual orientation.

“Don’t Ask, Don’t Tell” is the popular name for Pub. L. 103–160 (10 U.S.C. § 654) which prohibits anyone who has sexual bodily or romantic contact with a person of the same sex from serving in the United States military. This law also prohibits any homosexual or bisexual from disclosing their sexual orientation or from speaking about any homosexual

U.S. Const., Art. 1, § 8.

Ibid

Chang, L., & McRobie, K. (2006) Rumsfeld v. Forum for Academic and Institutional Rights (FAIR), 04–1152 Retrieved from http:// www.law.cornell.edu/supct/cert/04–1152html

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