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Supreme Cour1’s Draft Ruling Affirms Key Point

Click to see original imageThe U.S. Supreme Court’s landmark decision upholding male-only draft registration has prompted both praise and criticism. Aside from the public reaction, however, the ruling has affirmed a key constitutional point – the extensive authority vested in Congress on matters of public policy. . With three dissenting votes, the court concluded Congress may exclude women from registration because of its “broad and sweeping” constitutional power over national defense and military affairs. The opinion is based in a “well-founded understanding of the intention of the Constitution’s framers in separating and defining t.he power of three co-equal branches of the government,” said Sen. Strom Thurmond, R-S.C.. chairman of the Senate Judiciary Committee. in commenting on the ruling. Of special note is the fact the Supreme Court opinion – written by Justice William Rehnquist – took the lower court to task for having attempted to substitute its own policy judgment for the judgment of Congress. tThe case had gone to the high court on appeal from a district court decision which held that maleonly draft registration violated the due process clause of the Fifth Amendment.) The six-member majority found in concise terms that the lower court had exceeded its authority under the Constitution. As for the text of the ruling, dissenting Justice Thurgood Marshall. joined by Justice William Brennan, charged the opinion “excludes women from a fundamental civic obligation. In a separate dissent. Justice Byron White. joined by Brennan. doubted that “Congress itself concluded that every position in the military. no matter how far removed from combat. must be filled with combat-ready men. Common sense and experience in recent wars, where women volunteers were employed in substantial numbers, belie this view.” Rehnquist noted. however, that the Armed Forces have barred women from combat, and asserted: “The existence of combat restrictions clearly indicates the basis for Congress’ decision to exemot women from registration.” With the emphasis given Congressional powers to raise and regulate military and naval forces. we would assume the nation’s No. l lawmaking body could revise its male-only draft registration stance in the event national emergency requires it. Wrote Rehnquist: “Gender has never been rejected as an impermissible classification in all inaeaa.-.. Y