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Tuesday, March 07, 2006

Solomon Amendment Constitutional

As expected, the Supreme Court rejected claims that withdrawing funding from schools that discriminate against military recruiters is unconstitutional. In a unanimous decision by the Court, with no dissent from even the most liberal Justices on the bench, the Court ruled that, since schools are still free to speak out against military policies with recruiters present, the Solomon Amendment does not deprive them of their expression. Instead, it regulates their behavior, not speech. Furthermore, the Supreme Court noted that Congress is authorized by the constitution to raise an army, and thus could literally force recruiters in by law if it wanted to do so. As Chief Roberts’ noted in his opinion, "It is clear that a funding condition cannot be unconstitutional if it could be constitutionally imposed directly.”

In short, federal dollars can indeed be tied how military recruiters are treated, and can constitutionally be revoked if military recruiters are not allowed an equal opportunity to be heard. Amen.
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