Wicker Reaffirms Support for Campus Military Recruiting
REPORT FROM CONGRESS
By Congressman Roger F. Wicker
WICKER REAFFIRMS SUPPORT FOR CAMPUS MILITARY RECRUITING
A U. S. Supreme Court ruling this month provided an emphatic victory for national security by ensuring that our military will not be hindered in recruiting the most capable men and women to defend our country.
The high court ruled unanimously on March 6 that the federal government can withhold funding to any institution of higher learning that bars the military from recruiting on campus. A week later the House of Representatives passed a resolution reaffirming its support for the decision. These strong actions should remove any doubt about where the courts and the Congress stand on this important issue.
SOLOMON AMENDMENT UPHELD
In question was the Solomon Amendment, named after the late New York Congressman Gerald Solomon who won its passage in 1994. The legislation came in response to action by a number of colleges and universities to deny military recruiters access to campus facilities. Rep. Solomon was distressed that recruiters were being prevented from "explaining the benefits of an honorable career in the military."
The schools considered it a free speech issue and a protected form of protest against the military's "Don't Ask, Don't Tell" policy regarding homosexuals. An overwhelming majority in the House agreed with Rep. Solomon that it had more far-reaching implications that threatened the recruitment of top quality people into our all volunteer force. "If universities and colleges do not like the armed forces, that's fine, but do not expect federal dollars to support your interference with our recruiters," Solomon said.
8-0 RULING WAS CLEAR
The law was challenged in 2003 by a coalition of students, law professors, and law schools. The group included the law schools at Northeastern University, George Washington University, and New York University, as well as faculty members from Stanford, Georgetown, and 22 other institutions. A federal appeals court ruled in the group's favor in 2004, setting the stage for the Supreme Court to hear the case.
In reversing the appeals court decision, the Supreme Court's 8-0 decision could not have been clearer. Chief Justice John Roberts wrote that the Constitution grants Congress the power to provide for the common defense. He said, "Congress' power in this area is broad and sweeping, and there is no dispute...that it includes the authority to require campus access for military recruiters."
In recent years, a number of law schools have defied the law by treating military recruiters differently than representatives of other employers. Varying degrees of official and unofficial harassment made it difficult for recruiters to share this career option with students. The Supreme Court was correct in its logic and correct to hear the case in order to put this controversy to rest.
I found it ironic that liberal universities would use the pretext of exercising their First Amendment rights to discriminate against military recruiters. Members of academia usually argue that college campuses should be open to wide-ranging views and the free expression of ideas.
MAINTAINING OUR EDGE
Every member of our armed forces today is a volunteer. These highly-capable men and women give the U. S. its edge as the greatest military force in the world. If we are to maintain that advantage, recruiters must have the ability to compete on an equal footing for the best and brightest young Americans on our college campuses.
http://www.house.gov/wicker/Recruiting.html