Subject: Personally...
Author:
Posted on: 2015-06-27 22:39:00 UTC

I do not see this decision as upsetting either the balance between Congress and the Court or between States and the Federal Government, but I do see that as an argument that can be made. And it was an argument that was made before the Court, and though I have not read the opinion yet, I suspect that Justices Scalia and Thomas both accepted that argument.

But to the argument I was making, there is no Federalism issue with regards to the military, because (as you said) it is a Federal Institution, though the military does complicate things because it has its own law. But the Uniform Code of Military Justice is sort of corollary to main Federal Law, not unlike the Federal Rules of Evidence or Civil Procedure.

But again there is still an argument to be made that it violates principles of Federalism or Separation of Powers. But if it is not clear, I do not think any of those arguments are going to be successful. And the Court did not think they were either.

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