12-23-2010, 06:05 AM
fredv3b Wrote:I thought only Congress could change the UCMJ? Although the President as Commander-in-Chief could exercise discretion in the enforcement of its various parts?
Oh my goodness, the UCMJ is enacted under constitutional law and, therefor, is subject to the constitution. (NO part of the American government, civil or military, operates outside of the bounds of the Constitution legally, legally) Congress creates and maintains laws under the UCMJ. Congress voted to change the UCMJ when it voted to repeal DADT (it would be necessary). The last part of that change occurred when the President signed the bill into law today, thus passing the last hurdle of the presidential veto power.
The Uniform Code of Military Justice (UCMJ, 64 Stat. 109, 10 U.S.C. Chapter 47), is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . . . To make Rules for the Government and Regulation of the land and naval forces."
(They didn't have an Air Force then, just so you are aware)