Berkely to treat Military recruit-stations like Pornstores

[Kidlicious]

Originally posted by Flubber


I have not read the case but I took it to mean Congress did not demand or "force" the matter and instead used cash as a tool

No one is saying the military can't recruit though. The community just doesn't want them standing in front of the high schools though looking for fresh meat. I think that's pretty reasonable.

[Igloodude]

Originally posted by Flubber


That sounds kind of like the people that have "disabled " automatic weapons. Its a very quick repair to bring them back to their full usefulness is it not??

No, the automatic weapons have been modified to only shoot semi-auto (one pull of the trigger = one round, instead of many rounds), not be completely disabled. For full disablement they usually do a satisfactory job of it, ditto with cannons and such AFAIK.

But as to the OP question, could a town ban any and all federal offices (perhaps excluding courthouses) via municipal ordinance?

[Kidlicious]

Originally posted by Igloodude
But as to the OP question, could a town ban any and all federal offices (perhaps excluding courthouses) via municipal ordinance?

I don't see any reason why they couldn't say they shouldn't be in certain parts of town. It's their town after all.

[Zkribbler]

The Supremacy Clause means the fed's triumph. They can put down roots where they think proper.

You think this is your town?? It used to be. Now, it's a new National Park.

[Kidlicious]

Originally posted by Zkribbler
The Supremacy Clause means the fed's triumph. They can put down roots where they think proper.

You think this is your town?? It used to be. Now, it's a new National Park.

What is the federal statute though?

[Zkribbler]

I would guess there is a federal enabling statute permitting the Army [etc] to set up recruiting offices ... if nowhere else, it'd be in the budget.

[Ben Kenobi]

It's only a restriction in the same sense that restricting protestors to certain areas is a restriction. For example, all colleges have free speech areas and areas designated for recruiting and so forth. The recruiters can't go anywhere they want on campus so why should they be allowed to recruit anywhere in the city?

Terrible, terrible argument. "Free speech areas" are unconstitutional!

Why should "free speech" be restricted to certain areas of the campus? That would mean it's no longer "free speech".

They should call them "truth bubbles" because outside of them you cannot say anything the admin doesn't like.

[Kidlicious]

Originally posted by Zkribbler
I would guess there is a federal enabling statute permitting the Army [etc] to set up recruiting offices ... if nowhere else, it'd be in the budget.

And that brings us to the point that they aren't restricting the Army from setting up offices. They are just saying that those offices can't be in certain parts of the city.

[Kidlicious]

Originally posted by Ben Kenobi


Terrible, terrible argument. "Free speech areas" are unconstitutional!

Why should "free speech" be restricted to certain areas of the campus? That would mean it's no longer "free speech".

They should call them "truth bubbles" because outside of them you cannot say anything the admin doesn't like.

Well that's the fact of the way freedom of speech exists.

[Imran Siddiqui]

Originally posted by Kidicious
And that brings us to the point that they aren't restricting the Army from setting up offices. They are just saying that those offices can't be in certain parts of the city.

And in McCulloch v. Maryland , Maryland wasn't banning the Bank of the United States, it was merely taxing it (btw, this case is where the quote "the power to tax is the power to destroy comes from").

Chief Justice Marshall's pronouncement is still valid and the federal government is still supreme in its sphere and any attempts to curtail it by a state or locality will be batted down. Federal authority enjoys a wide berth and even state or local attempts to touch upon will be preempted.

Basic Con Law. This law would be swatted away in a New York minute, without a doubt.

[Ben Kenobi]

Well that's the fact of the way freedom of speech exists.

No, that's not the way the first amendment works, and universities that set up "truth bubbles" have been sued already.

That dog won't hunt.

[Kidlicious]

Originally posted by Imran Siddiqui


And in McCulloch v. Maryland , Maryland wasn't banning the Bank of the United States, it was merely taxing it (btw, this case is where the quote "the power to tax is the power to destroy comes from").

Chief Justice Marshall's pronouncement is still valid and the federal government is still supreme in its sphere and any attempts to curtail it by a state or locality will be batted down. Federal authority enjoys a wide berth and even state or local attempts to touch upon will be preempted.

Basic Con Law. This law would be swatted away in a New York minute, without a doubt.

Imran, the Supremacy Clause doesn't just give the feds absolute power. It also limits that powers of the federal government. So since the military isn't being taxed I would say we have to wait and see. It's not said and done that this law will be swated away. Although, that's possible.

[Kidlicious]

Originally posted by Ben Kenobi


No, that's not the way the first amendment works, and universities that set up "truth bubbles" have been sued already.

That dog won't hunt.

I don't know what you are talking about. You can't just go anywhere you want and say whatever you what. Care to give some specifics?

[DinoDoc]

Originally posted by Imran Siddiqui
Basic Con Law. This law would be swatted away in a New York minute, without a doubt.

Well it is in the 9th Circuit though.

[Zkribbler]

Originally posted by Ben Kenobi
Why should "free speech" be restricted to certain areas of the campus? That would mean it's no longer "free speech".

This is more a "time, place, and manner" restriction.

Most campuses are set up with many quiet areas in which to study. Having someone raising the rabble a few feet away wiould destroy this. So, the rabble rousers are given a couple of places to blow off steam.