Originally posted by Benedict A. Davis
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You see, along with my biblical studies I also study constitutional issues - to see if the two agree with each other. While the constitution doesn't allow us to kill homers outright, banning them from our military is within the scope of powers granted to congress and to the office of the president. In the Separation of Powers, Article III courts have NO jurisdiction over military matters or courts martial. Precedents have been set which confirm this analysis.
The 1858 Supreme Court case of Dynes .v Hoover, in and 8 to 1 decision, ruled that it nor any lesser Article III court had jurisdiction over courts martial. Justice James Moore Wayne went on to say, "These provisions show that Congress has the power to provide for the trial and punishment of military and naval offenses in the manner then and now practiced by civilized nations, and that the power is given without any connection between it and the third article of the Constitution defining the judicial power of the United States, indeed, that the powers are entirely independent of each other."
. Read it, Live it!

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