Reply #30: The Constitutional difference is that Congress is not delegated [View All]

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any powers over schools which are rarely federal in any case. DoD and Coast Guard Academies would be an exception - which is why it took legislation to admit women in the summer of 1976.

Conversely, Article 1, Section 8 has expressly delegated Congress powers, "To make Rules for the Government and Regulation of the land and naval Forces"

Whether DADT is good or bad law just isn't relevant to being a Constitutional one. The President probably won't say so, but he also understands that changing it by judges throws red meat to the electorate far more than changing it via the legislative process.

Congressional powers also are silent on regulating marriage which normally is not a federal issue. Thus, DOMA isn't in the same situation. Not only that, DOMA is undercut by Article 4, Section 1: "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial proceedings of every other State." I predict will fall and the only way to resurrect it would be a Constitutional Amendment and Congress won't pass one unless it's getting close to 2/3 of the states calling for a Constitutional Convention - the real nuclear option.