Would a Textualist/Originalist reading of Article I, Section 8 of the constitution result in the UCM...

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Would a Textualist/Originalist reading of Article I, Section 8 of the constitution result in the UCMJ not applying to Space Force?

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"The Congress shall have power...To make Rules for the Government and Regulation of the land and naval Forces" hence the Uniform Code of Military Justice. But given the hardcore textualist/originalists on SCOTUS, could a member of Space Fore justifiable argue that under the 18th century meaning of the words, there is clearly no way that the constitution has given congress the authority to so make rules for a SPACE force.

This both a fun thought experiment, and a kind of "if you take originalists at face value how would they do some mental gymnastics to get round this one?"

Would love to hear an Andrew hot take on this one

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thejpp

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Posted: 3 years ago
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