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Bill O'reilly - American Legion -- >supporting the Scouts vs ACLU


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Fgoodwin asks:

 

And pray, where might I ask does the Constitution prohibit DoD sponsorship of Boy Scout Troops?

 

I have answered questions like that numerous times before. I have retired from that activity. You can ask the DoD, obviously they understand the law the same way I do, on that specific issue.

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NJCS writes:I have answered questions like that numerous times before. I have retired from that activity. You can ask the DoD, obviously they understand the law the same way I do, on that specific issue.Well, you were the one who said it was unconstitutional; the DoD obviously DISAGREES with you, inasmuch as they deny any wrongdoing.

 

But if you don't want to repeat your arguments, how about pointing me to the thread where you discuss it?

 

Fred Goodwin

Alamo Area Council

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What doesn't make sense is the DoD's position. If you were accused of doing X, and you didn't do X, and doing X is legal, why sign an agreement not to do X?

 

And, of course, the DoD's position that it never sponsored BSA units is clearly false, and not even supported by the Boy Scouts. Not even on www.bsalegal.org:

"We understand that the Department of Defense intends to remind all military entities that they may not sponsor or charter traditional Boy Scout units. We have directed our local councils to work with the unit leadership to find an alternative non-governmental chartering organization, such as a VFW Post or American Legion."

 

That second sentence only makes sense if the DoD sponsors some units. If there weren't any, there wouldn't be anything to DO.

 

I expected higher calibre lying from Bush/Ashcroft/Rumsfeld.

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I would imagine DOD says it never sponsored a unit... because it probably never did.

 

While I am not an expert on military law, or military rules and regulations, I have a hunch about this one.

 

In the BSA, the members of the BSA are not able to enter into agreements, or legal relationships, or contracts, on the BSA's behalf. Just because I am a member doesn't mean I can act for the BSA.

 

The same is almost certainly true of the members of the military. Only certain authorized personnel can enter into contracts, and then only for certain authorized purposed. I would imagine that none of the people entering into these charter agreements ever had the authority to enter into them. That would lead to the conclusion those charters were not technically valid, and that would be the DOD's fault for not policing their own operation.

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