home *** CD-ROM | disk | FTP | other *** search
- Path: sparky!uunet!optilink!cramer
- From: cramer@optilink.COM (Clayton Cramer)
- Newsgroups: misc.legal
- Subject: Re: executive orders
- Message-ID: <14076@optilink.COM>
- Date: 26 Jan 93 17:40:13 GMT
- References: <1993Jan24.060929.11298@athena.mit.edu> <1993Jan25.122228.12984@athena.mit.edu>
- Distribution: usa
- Organization: Optilink Corporation, Petaluma, CA
- Lines: 38
-
- In article <1993Jan25.122228.12984@athena.mit.edu>, jfc@athena.mit.edu (John F Carr) writes:
- > In article <1993Jan24.071407.2582@midway.uchicago.edu>
- > thf2@midway.uchicago.edu writes:
- >
- > >> 3. end to ban on gays in military
- >
- > >>The reports on this issue that I heard last year said this would require an
- > >>act of Congress. Would a Clinton order preventing enforcement of the
- > >>anti-gay regulations be illegal?
- >
- > >Truman desegregated the military with an EO.
- >
- > Was the segregation based on law or custom? i.e. did Congress say "the
- > miltary shall be segregated" and Truman say "I don't care, I'm desegregating
- > anyway"? or had the military always been segregated and nobody thought to
- > write a law requiring segregation?
-
- The Army had been segregated since the formation of the first regiments
- of "Colored Troops" during the Civil War. Since Congress required the
- Army to maintain at least four regiments of black soldiers after the
- war, you could argue that by implication, the Army was segregated by
- law. At least some of the segregation of facilities in the Army was
- reflective of local law and custom.
-
- The Navy had been integrated until that great liberal Democrat,
- Woodrow Wilson, got involved. He issued an executive order prohibiting
- the induction of blacks into the Navy, except for messmen and stevedores.
-
- See Bernard Nalty's _Strength for the Fight_ for a history of this
- sort of thing.
-
- > John Carr (jfc@athena.mit.edu)
-
-
- --
- Clayton E. Cramer {uunet,pyramid}!optilink!cramer My opinions, all mine!
- "When freedom destroys order, order will destroy freedom." -- Eric Hoffer
- Not a goal, just a statement of reality.
-