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USMC General for SecDef?

Discussion in 'Vets and Friends' started by Salty, Nov 18, 2016.

  1. Salty

    Salty 20,000 Posts Club
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  2. Squire Robertsson

    Squire Robertsson Administrator
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    Looks good to me. He's better than a member of the fighter mafia (AF), the surface warfare mafia (Navy), or the ranger mafia (Army).
     
  3. Rob_BW

    Rob_BW Well-Known Member
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    He is not eligible until 2020. Title 10 says 7 years between service as an officer and appointment to SecDef, and he only retired in 2013.
     
  4. Salty

    Salty 20,000 Posts Club
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    I believe the story stated that he can be give a waiver by Congress
     
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  5. Squire Robertsson

    Squire Robertsson Administrator
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  6. Rob_BW

    Rob_BW Well-Known Member
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    Lol, it just goes to show, in the military, there's a waiver for everything.

    As far as constitutionality, since the term secretary of defense doesn't appear in the Constitution, and since cabinet positions aren't outlined by name at all, I fail to see how Mattis' appointment could be labeled unconstitutional.
     
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  7. Revmitchell

    Revmitchell Well-Known Member
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    He is exactly what we need. A far cry from the cupcake military leaders Obama has had.
     
  8. StefanM

    StefanM Well-Known Member
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    All it would take is a bill to sail through both the House and the Senate, which Trump would sign. Then the general could be nominated and confirmed.
     
  9. TCassidy

    TCassidy Late-Administator Emeritus
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    The law requiring, at that time, 10 years since active service duty prior to being SoD was passed in 1949 and congress almost immediately waived the rule, allowing President Truman to name Army Gen. George Marshall to serve as defense secretary in 1950. The law was changed in 2008, reducing from ten to seven the number of years that a nominee must be retired from the military.

    So a precedent exists. However, at present Senate rules can require a 60% vote to confirm a candidate, but the Senate can rescind that requirement via a simple majority vote of 51 votes. As there are 51 Republicans in the 115th Senate, if Republicans stick together, the General's appointment is in the bag. :)
     
  10. Squire Robertsson

    Squire Robertsson Administrator
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    Again the question the article I cited raised is "is the law itself Constitutional?" IOW, does the law impose a requirement beyond the Constitution's requirements? The Constitution requires the Senate's advice and consent. But, it leaves the initial appointment up to the POTUS.
     
  11. StefanM

    StefanM Well-Known Member
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    One could interpret the existing law as an extension of the Senate's responsibility in confirmation. Basically, it would be advice that they would not consent within those parameters.
     
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